Competition Board Investigations and Electronic Evidence Defense

In the digital age, Competition Board investigations in Turkey have shifted focus from physical paper trails to digital evidence. Emails, WhatsApp chats, and server logs are now the primary sources of evidence for cartels and concerted practices.

The Role of Digital Evidence

During on-site inspections (dawn raids), the Turkish Competition Authority uses advanced forensic software (like EnCase) to clone and index company data.

Deletion is Futile: The Authority can recover deleted files. Deleting data during a raid is considered “spoilation of evidence” and leads to obstruction fines.
Scope: The search includes not just official emails but also instant messaging apps (WhatsApp, Telegram) if used for business purposes on company devices (or BYOD if allowed).

Attorney-Client Privilege (Legal Professional Privilege)

One of the few defenses against data seizure is Attorney-Client Privilege.

Scope: Communications between the company and an independent external counsel regarding the defense of the client are protected. They cannot be seized or used as evidence.
In-House Attorneys: Unfortunately, under Turkish practice, correspondence with in-house legal counsel is generally NOT protected by privilege and can be seized.

Defense Strategies

1. During the Raid

Shadowing: Accompany the inspectors at all times. Note down search terms used.
Privilege Log: Immediately object to the review of privileged documents. If inspectors insist, request that they be sealed and reviewed by a Board member later (though the “sealed envelope” procedure is limited in Turkey).

2. Written Defenses

An investigation involves three written defenses:

First Written Defense: Following the investigation notice.
Second Written Defense: Following the investigation report.
Third Written Defense: Following the additional opinion of the case team.

3. Oral Hearing

The final stage is the Oral Hearing before the Competition Board. This is the last chance to persuade the Board members directly regarding the economic rationale of the alleged conduct.

Conclusion

Defending against a competition investigation requires a combination of legal expertise and IT forensic knowledge. Yaskir Law Office collaborates with IT experts to ensure that your digital defense is as robust as your legal arguments.

Professional Legal Support

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📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.