Article 4 of Law No. 4054 (Law on the Protection of Competition) prohibits agreements and concerted practices between undertakings and decisions and practices of associations of undertakings that limit competition. The prohibition is not absolute, and if the conditions listed in Article 5 of Law No. 4054 are satisfied, undertakings may be exempted from the application of the provisions of Article 4.
TCA is known to have conducted dawn raids of pharmaceutical companies within the scope of the competition investigation in the pharmaceutical sector. In this regard, the TCA frequently carries out dawn raids regardless of the nature of the alleged infringement. Unannounced on-site inspections are used both at the pre-investigation and investigation stages.
The TCA’s officials may, under article 15 of Law No. 4054 on the Protection of Competition (the Competition Law):
enter the undertakings’ premises and means of transport;
access electronic devices, such as computers, mobile phones and laptops;
examine and take copies of the books and other business records; and
ask any representative or employee for explanations about facts or documents.
So, what should we do in case TCA experts come to our company? You can examine the infographic below to help in this regard. Acting in accordance with this information can save companies from paying millions of liras of administrative fines. I hope it will be useful.
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