Answer ... An undertaking facing a cartel investigation should do the following:

• Immediately consult attorneys with extensive experience in Turkish Competition Authority (TCA) investigations in order to safeguard its right to defence and commence a self-compliance procedure regarding Law 4054;
• Cooperate with the TCA to the fullest extent possible;
• Not obstruct a dawn raid;
• Assess the severity of the documents/evidence obtained by the TCA and evaluate the risk of a potential sanction/administrative monetary fine resulting from the investigation;
• Consider whether it would be prudent or advantageous to apply for leniency or initiate settlement negotiations with the TCA. The leniency and settlement mechanisms also require the investigated undertakings to act in a timely manner due to the statutory deadlines; and
• Consider whether the risk of potential damages claims would outweigh the expected benefits of the leniency and settlement mechanisms.