The Beginning Of A New Era In The Practice Access To File: Google Decision

1. The Practice of Right of Access to the File

In Turkish competition law, the procedures, and principles of the right of access to the file, which is provided to the parties of the investigation initiated by the Authority for the purpose of exercising their right of defense, are regulated in the Communiqué on The Regulation of The Right of Access to The File and Protection of Trade Secrets. The provision in the second paragraph of Article 44 of the Law No. 4054. constitutes the legal basis of the Communiqué. Accordingly, the article states that "Those parties which are notified of the initiation of an investigation against them may, until their request for enjoying the right to hearing, ask for a copy of any documents drawn up within the Authority concerning them, and if possible, a copy of any evidence obtained." The Communiqué also sets a limit in terms of legal period, the parties can request for access to the file until the termination of the last written