Constitutional Court Decision On The Turkish Competition Authority's On-Site Inspection Powers

The Constitutional Court of Türkiye ("Constitutional Court") recently ruled by majority that the on-site inspection powers of the Turkish Competition Board governed under Article 15 of Law No. 4054 on Protection of Competition ("Turkish Competition Act") are not contrary to the Constitution.

This decision is of particular importance as it constitutes the first examination of Article 15 within the framework of constitutional review upon referral (close to "preliminary ruling procedure" under the EU law) following the Constitutional Court's individual application ruling in 2023, which was rendered upon the application of Ford Otomotiv Sanayi A.Ş. ("Ford Otosan Decision"). In Ford Otosan Decision, the Constitutional Court held that due to its very nature and way of enforcement, on-site inspections restricted the inviolability of domicile safeguarded under Article 21 of the Constitution and thus, on-site inspections conducted without a prior judicial warrant violate