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ARTICLE · 18 DECEMBER 2019

Qualification Of WhatsApp Communication As Evidence Under The Competition Law

Kolcuoglu Demirkan Koçakli
Kolcuoglu Demirkan Koçakli
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Kolcuoglu Demirkan Koçakli

Kolcuoglu Demirkan Koçakli

The Firm Kolcuoğlu Demirkan Koçaklı (KDK) is an independent Turkish law firm advising domestic and...

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In certain recent decisions the Turkish Competition Board considered WhatsApp correspondence as evidence of anticompetitive conduct.

TurkeyAntitrust/Competition Law
Neyzar Ünübol
Neyzar Ünübol
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In certain recent decisions the Turkish Competition Board considered WhatsApp correspondence as evidence of anticompetitive conduct. The Turkish Competition Authority (the "TCA") can use any type of communication between undertakings as evidence of anticompetitive conduct. However, we need clarification on the conditions under which WhatsApp correspondence could be obtained by the TCA officials during an on-spot inspection.

The premier Ankara Ortodonti decision1 in which WhatsApp correspondence were used as evidence for the first time, provides some clues on the way evidence was gathered during an on-spot inspection. The decision mentions several times that evidence of communication through WhatsApp was gathered while searching an employee's computer and the communication was originally made through a mobile phone line that belongs to the company under inspection. As known, during inspections the TCA officials search the computers and if WhatsApp Web application is

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