Within the scope of the Turkish Competition Authority's (the
"Authority") preliminary
investigation launched against certain banks in Turkey, the
Authority requested a set of data possessed by foreign affiliates
from their Turkish subsidiaries by relying on the economic unity
theory. The Turkish Competition Board (the
"Board") imposed administrative
monetary fines on some of the investigated banks that are located
in Turkey for not being able to provide the requested data within
the formal deadline ("Board's
Decision").
Some of the investigated banks, two of which are represented by
ELIG Gürkaynak Attorneys-at-Law, requested annulment of the
Board's Decision, which emanates from the Authority's
unlawful request, by arguing that the economic unity theory is not
a procedural rule, but a concept that is related to the essence of
competition law, and does not shed light on the notification
procedures. Ankara Administrative Court of First Instance
("
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