- within Consumer Protection topic(s)
The Communiqué No. 2025/3 ("New Communiqué"), which introduces significant amendments to the Communiqué on the Regulation of the Right to Access the File and the Protection of Trade Secrets (No. 2010/3) ("Communiqué"), published by the Turkish Competition Authority ("Authority"), entered into force upon its publication in the Official Gazette dated 4 October 2025 and numbered 33037.
The New Communiqué redefines the scope and procedures of the right to access the file for parties to investigations and final examinations, while also updating the principles regarding the protection of trade secrets.
Key amendments introduced by the New Communiqué are summarized below:
- Scope of the Communiqué: The New Communiqué expands the application of the previous regulation, which was limited to the investigation phase, to also cover final examinations. Accordingly, information and documents obtained, created, or collected by the Authority during final examinations conducted within the scope of merger and acquisition proceedings are now included in the file.
- Rights of Complainants: The previous definition of a complainant and the provision stipulating that the requests of complainants and third parties would be assessed under general provisions have been omitted from the New Communiqué. As a result, the right to access the file is now granted exclusively to the parties to investigations or final examinations, and such right has been removed for complainants and third parties.
- Timing of Exercising the Right: The New Communiqué explicitly regulates the stage at which the right to access the file may be exercised. Accordingly, parties may request access after the investigation report has been served and before the expiry of the period for submitting the first written defence. If an additional written opinion has been issued by the investigation committee, parties may also exercise this right until the end of the period granted for the second written defence. Thus, the provision in the previous Communiqué that allowed the Board to postpone requests submitted before the service of the investigation report has been abolished.
- Request Form: Access requests may now only be submitted via the request form attached as Annex-1 to the New Communiqué. It is expressly stipulated that applications will not be accepted if the form is not completed fully and accurately.
- Scope of Internal Correspondence: Article 7 of the New Communiqué redefines the concept of internal correspondence in greater detail. Internal correspondence now includes interdepartmental communications constituting preparatory acts in relation to the Board's final decisions, as well as preliminary review and pre-investigation reports prepared within the Authority.
In addition, the following are also considered internal correspondence:
- Information and documents obtained under the Regulation on Active Cooperation for the Detection of Cartels,
- Correspondence conducted with other public institutions, professional organizations with public institution status, or private individuals and legal entities pursuant to Article 14 of the Law,
- Documents within the scope of the Regulation on the Settlement Procedure in Investigations Concerning Restrictive Agreements, Concerted Practices and Decisions, and Abuse of Dominant Position,
- Minutes and their annexes prepared under Article 15 of the Law.
Internal correspondence has been excluded from the scope of the right to access the file, except for exculpatory or incriminating parts. It is further stipulated that the accessible sections may only be examined at the Authority's premises, and no photocopies or electronic copies will be provided.
- Trade Secrets: Documents subject to access may be provided to the parties only after redaction of information qualified as trade secrets. Depending on the applicant's request, such documents may be reproduced as photocopies or shared electronically.
The New Communiqué also provides that investigations initiated before its entry into force shall not be affected by the amendments. Accordingly, the provisions of the previous Communiqué will continue to apply to files initiated before 4 October 2025.
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.
