The Turkish Competition Board launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti)

Introduction Decision numbered 18-09/157-77 and dated 29.03.2018 [1] (“Decision”) of the Turkish Competition Board (“Board”) is critical with respect to evidence that has been obtained in on-the-spot investigations, because this is the first decision in which the Board had taken WhatsApp correspondence into consideration as evidence in an on-the-spot inspection. Following the Decision, and taking the latest decisions of the Board into consideration, it seems that the WhatsApp correspondence has been used as legitimate evidence under Turkish Competition Law practice. Subject of the Decision The complaint addressed to the Turkish Competition Authority (“Authority”) is mainly based on the claim that nine undertakings who are engaged in the sale of

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Ercüment Erdem, The Turkish Competition Board launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti), 29 March 2018, e-Competitions Bulletin March 2018, Art. N° 91995

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