ABSTRACT
In Turkish and European Union competition law practices, competition authorities are vested with various powers aimed at protecting competition, by investigating, inquiring, detecting, and terminating competition infringements. The scope and extent of these powers have been the subject of numerous debates and legal cases. Most recently, the Turkish Constitutional Court's decision issued on 23/3/2023, which ruled that the Turkish Competition Authority's power to conduct on-site inspections without prior judicial authorization violates the constitutional right to the inviolability of residence, has sparked new discussions. Although the Court ruled that the current practice of on-site inspections is unconstitutional, the explicit provisions of the law granting this power to the Competition Authority were not annulled and remained in force, leading to legal uncertainties. Following the Decision, the Competition Authority's continued practice of on-site inspections, arguing that the relevant provisions of the law are still in force, has been criticized, and undertakings and associations of undertakings have sought to develop solutions to address this situation. In this framework, this article examines and analyzes these developments, scrutinizes what kind of decision should have been made to prevent the current disputes in practice, and proposes solutions for the implementation of the Competition Authority's on-site inspection powers in a manner consistent with the Constitution.
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First published by Ankara Barosu Fikri Mülkiyet ve Rekabet Hukuku Dergisi in May 02, 2025.
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