COMPETITION
Ultimately, Parliament will need to amend the Competition Law to align with constitutional requirements. For now, however, no immediate legislative action has been taken, and inspections continue in practice.
establishes a principle: dawn raids without a judge’ s order are unconstitutional.
The matter remains on the Constitutional Court’ s agenda under its concrete norm control procedure, and legislative reform is expected. Ultimately, Parliament will need to amend the Competition Law 3 to align with constitutional requirements. For now, however, no immediate legislative action has been taken, and inspections continue in practice. Companies challenging TCA decisions increasingly argue that the underlying raids were unlawful, and at least one Board member regularly casts a dissenting vote against dawn raid decisions.
This legal ambiguity coincides with ethical and practical challenges. Inspectors routinely review digital data, including WhatsApp messages, on devices used for business purposes. While this approach aims to uncover hidden communications, it raises concerns about privacy and proportionality. Employees often panic and delete messages- a reaction that can lead to obstruction fines of up to 0.5 % of annual turnover. Ethical safeguards such as clear pre- raid briefings, data minimization protocols, and respect for personal information are essential to prevent such outcomes.
In short, Türkiye today presents a paradox: an authority conducting some of the highest numbers of dawn raids
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3 Law No. 4054 on the Protection of Competition