Turkey: The Turkish Competition Board's Reasoned Decision Regarding Trakya Cam's Request to Access the Case File Is Published

The Turkish Competition Board's ("Board") reasoned decision (dated 13.07.2017 and numbered 17-22/352-157) regarding the request to access the case file submitted by Trakya Cam Sanayii A.Ş. ("Trakya Cam") has been published on the official website of the Turkish Competition Authority ("Authority").

The decision concerns the investigation initiated against Trakya Cam through the Board's decision for the purpose of determining whether Trakya Cam had violated Articles 4 and 6 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") through the de facto implementation of its dealership system, which had not been granted with an individual exemption in a previous decision of the Board (dated 02.12.2015 and numbered 15-42/704-258).

Following the official service of the investigation report on May 26, 2017, ("Investigation Report"), Trakya Cam requested access to the case file, pursuant to the Communiqué No. 2010/3 on the Regulation of the Right of Access to the File and the Protection of Trade Secrets ("Communiqué No. 2010/3"). Trakya Cam claimed in its application that, in line with the Law No. 4045 and the Communiqué No. 2010/3, and in order to acquire a full understanding of the claims brought against it so that it could effectively prepare and submit its responses to the findings in the Investigation Report, it needed to gain access to the case file, and thus requested the documents and evidence listed in its application to be delivered via electronic data storage devices.

The first group of documents listed in Trakya Cam's request comprised the following: (i) the application and complaint petitions that had been submitted along with a request for confidentiality, and (ii) the minutes of the telephone conversation conducted with the complainant regarding the relevant applications. In response to this request, the Board emphasized that Article 6 of the Communiqué No. 2010/3 provides that the parties may access any documents or evidence issued by the Authority and which, additionally, concern them directly. Nonetheless, as the applications in question had been issued by parties outside the Authority (i.e., the Authority was not the author of the relevant documents), the Board determined that they did not constitute "in-house" documents. Furthermore, the Board noted that, although the application and complaint petitions formed the basis of the Authority's inspection, they were not utilized as evidence for substantiating any allegations or establishing the guilt or culpability of the investigated undertaking (i.e., Trakya Cam).

In this respect, the Board determined that the relevant documents did not qualify and would not be classified as evidence pertaining to the undertaking in question, and therefore, the application and the complaint documents were found to be outside the scope of Article 6 of the Communiqué No. 2010/3.

Nonetheless, the Board also made reference to its previous precedents (16-12/188-83, 30.03.2016 and 16-17/290-133, 18.05.2016) and stated that access to the application and complaint petitions had previously been granted to the parties in prior cases by way of redacting commercial secrets and confidential information. However, the Board declared that the relevant complaint petitions in those precedent cases did not include requests for confidentiality, contrary to the case at hand. Therefore, the Board ultimately concluded that, while petitions that did not involve confidentiality requests could be revealed to the applicants, Trakya Cam's request for access to the first group of documents should be denied in this case, due to the fact that: (i) all of the complaints submitted in the case at hand included confidentiality requests, and (ii) there were no additional claims or allegations put forth during the telephone conversation in question.

The second group of documents subject to Trakya Cam's request for access to the case file comprised the reports resulting from the on-site inspection conducted at the premises of Trakya Cam's dealers. The Board stated that the unredacted portions of these documents concerning the violation allegations had already been conveyed to Trakya Cam, either as annexes to the investigation notice or as annexes to the Investigation Report itself. Thus, the Board noted that Trakya Cam had been provided with all the means necessary to effectively utilize its right of defense. Furthermore, the Board concluded that the remaining parts of these documents, which (i) were not related to Trakya Cam, (ii) did not include information exonerating or incriminating Trakya Cam, and (iii) included commercial secrets to a significant degree, could not be revealed to Trakya Cam within the scope of the Communiqué No. 2010/3, due to the fact that they were related to the internal communications and operations of the undertakings concerned.

The third group of documents in this case consisted of information and documents submitted by Trakya Cam's dealers, the customers of its dealers, and its former dealers. The Board herein stated that, pursuant to Article 7 of the Communiqué No. 2010/3, the correspondence between the Authority and natural persons or legal entities in the private sector that is undertaken for the purpose of collecting information constitutes the internal correspondence of the Authority, and therefore, the documents requested also constituted the internal correspondence of the Authority.

In this regard, the Board determined and declared that the third group of documents comprised information about the dealership system that Trakya Cam was accused/suspected of using, the undertakings that supplied glass and the amount supplied by each of them, together with data about the regional distribution of sheet glass sales. The Board noted that, within the framework of Article 12 of the Communiqué No. 2010/3, the identities of the undertakings that supplied glass and the amount and regional distribution of sheet glass sales were deemed as commercial secrets. In addition, Article 10 of the Communiqué No. 2010/3 provides that the internal correspondence of the Authority which contains information that could exonerate or incriminate the investigated undertaking may be examined physically at the premises of the Authority. Based on these provisions, the Board ultimately ruled that access to these files—limited to the explanations of the undertakings, by way of redacting commercial secrets and confidential information—could be granted at the premises of the Authority's headquarters, and that the undertaking would not be allowed to make any records or copies of such documents.

This article was first published in Legal Insights Quarterly by ELIG, Attorneys-at-Law in March 2018. A link to the full Legal Insight Quarterly may be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq AdviceCentre
Relevancy Powered by MondaqAI
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions