Playing By The Rules: Turkish Constitutional Court Confirms Dawn Raid Procedures But Cancels Some Minor Changes

In June 2020, Turkish Competition Act was revised. In this context, significant amendments were made relating to commitment, reconciliation, de minimis, power to conduct dawn raids, and the internal functioning of the Turkish Competition Authority ("TCA"). Subsequently, 134 members of the parliament filed a legal challenge with the Constitutional Court ("Court"), seeking the annulment of four provisions, two of which were related to competition infringement detection and sanction procedure (Articles 9 and 15) and two concerning the internal administrative procedures of the TCA. Thereupon, on November 9th, 2022, the Court ("Court") rejected the plea to annul the amendments made to Articles 9 and 15 of the Act, which dealt with competition law practices and annulment of two amendments that pertained to the internal administrative procedures of the TCA.