The TCA's "Zero Tolerance" Policy Towards Procedural Infringements

The Turkish Competition Authority (the "TCA") is authorized to conduct on-the-spot inspections at company premises. It is important to note that interested parties are obliged to, within the scope of the Competition Act, provide copies of information, documents and books requested by TCA case-handlers conducting the inspection. In the event that the on-the-spot inspection is prevented, the TCA is authorized to return to the relevant undertaking to conduct such an inspection after obtaining a court decision. Non-compliance with these obligations is punishable by administrative fines. Undertakings preventing the inspection are expected to notify the TCA and inform it when the reasons for preventing the on-the-spot inspection are eliminated so that case-handlers can proceed with their inspection. An additional administrative fine is imposed on the undertaking for each day the TCA is not notified, since the obstruction continues until the receipt of