The Turkish Competition Board ("Board") has ruled to
return documents obtained via a dawn raid on the basis that the
documents are protected by attorney-client privilege (Decision
Number 15-42/690-259, 2 December 2015). The Board ruled that the
privilege includes correspondence between outside counsel and
clients, which do not have employer-employee relationship. However,
correspondence which has no direct relation to the right of defense
and which helps or covers a violation is not included, even if it
is related to a pre-investigation, investigation or
The Board outlined the framework for attorney-client privilege
in an earlier decision which established a precedent for the
Board's future analysis of the privilege, in line with European
competition laws (Decision Number 09-16/374-88, 20 April 2004).
The primary goal of attorney-client privilege is to protect the
right to defense. The Board defines the privilege as applying to
communication between enterprises or individuals with their
attorneys. It includes correspondence and information given within
the scope of consultancy services. Such information is protected
and can resist compulsory disclosure.
Please see this link for full text of the decision
(only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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