The Communiqué Amending the Communiqué on the Regulation of the Right to Access the File and the Protection of Trade Secrets
The Communiqué Amending the Communiqué No: 2010/3 on the Regulation of the Right to Access the File and the Protection of Trade Secrets (Communiqué No: 2025/3) came into effect through its publication in the Official Gazette dated 04.10.2025 and numbered 33037.
The main amendments made to the Communiqué No: 2010/3 on the Regulation of Access to Files and the Protection of Trade Secrets (the Communiqué) by Communiqué No: 2025/3 are summarized below:
Purpose, Scope, Legal Basis and Definitions
The definition of “complainant” has been removed from the Communiqué. In addition, the term “file” has been redefined to cover all information and documents obtained, created, or compiled within the scope of investigations and final examinations.
General Principles
In accordance with the amendments introduced under Article 6 of the Communiqué, the parties are entitled to access all documents prepared and all evidence obtained by the Turkish Competition Authority (Authority) that is related to them within the framework of the right to access the file. However, internal correspondence of the Authority, except for the parts that are exculpatory or incriminating, and trade secrets are excluded from the scope of this right.
Under the amendments made to Article 7 of the Communiqué, all reports prepared within the Authority, including preliminary reviews and pre-investigations, should be considered as internal correspondence.
Additionally, pursuant to the second paragraph added to Article 7 of the Communiqué, the following documents shall also be considered as internal correspondence:
- Information and documents obtained under Article 6/4 and 9/4 of the Regulation on Active Cooperation for the Purpose of Exposing Cartels,
- Correspondence conducted by the Authority with other public institutions, professional organizations with public institution status, or private sector individuals and legal entities whose information is sought, within the scope of Article 14 of Law No. 4054,
- Documents listed under Articles 6(4) and 8(2) of the Regulation on the Settlement Procedure Applicable in Investigations Regarding Agreements, Concerted Practices and Decisions Restricting Competition and Abuse of Dominant Position, and
- The minutes and their annexes prepared pursuant to Article 15 of Law No. 4054.
Under the amendments made to Article 8 of the Communiqué, the parties may ultimately request access to the file within the period granted for submitting their first written defenses, or, in cases where the investigation committee submits an additional written opinion, until the expiration of the period for submitting their second written defenses.
On the other hand, pursuant to the amendments made to Article 8/3, if the access to file request form annexed to the Communiqué is not completed accurately and fully, the request for access to the file shall not be accepted.
Final Provisions
Under Provisional Article 1 added to the Communiqué, the amendments introduced by Communiqué No. 2025/3 shall not apply to the investigations that are currently ongoing.
Lastly, with Communiqué No. 2025/3, the “File Access Request Form” annexed to the Communiqué has been updated.
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