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ARTICLE · 14 JANUARY 2019

No More Attorney-Client Privilege For Competition Compliance Programmes In Turkey, At Least For Now…

ACTECON
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Since there was no clear provision concerning the boundaries of the attorney-client privilege in competition law.

TurkeyAntitrust/Competition Law
Barış Yüksel LL.M.
Barış Yüksel LL.M.
Özlem Basiböyük LL.M.
Özlem Basiböyük LL.M.
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On 08.08.2018, the TCA had imposed an administrative fine of TRY 140 million (USD 29 million) to various companies controlled by the Enerjisa Group, which operate in the markets for distribution and retail sales of electricity within various regions in Turkey. During the on-the-spot inspection conducted in the premises of one these companies (namely Enerjisa İstanbul Anadolu Yakası Elektrik Perakende Satış A.Ş. ("AYESAŞ")), the TCA officials had seized a document that was prepared by AYESAŞ's lawyers during the course of a competition compliance programme as evidence. Due to AYESAŞ's objections, the relevant document was placed in a sealed envelope without being examined by the TCA officials.

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