The Ankara 2nd Administrative Court stays the execution of the Competition Authority’s decision to fine an online marketplace for obstructing a dawn raid (Sahibinden)

Introduction As is well known, the Turkish Competition Authority (“TCA”) is authorized to examine all data and documents on electronic platforms and information systems during the on-site inspections pursuant to the amendment dated 16.06.2020 on Article 15 of Law No. 4054 on the Protection of Competition (“Competition Law”). Subsequently, the TCA published the Guidelines on the Examination of Digital Data during On-Site Inspections on 09.10.2020. In line with the relevant changes in legislation, the scope of on-site inspections conducted by the TCA’s case handlers has reached another level. The TCA has started to inspect mobile devices, including personal devices (mobile phones, tablets, etc.) if they contain digital data belonging to the undertaking. In this context, it is observed

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Caner K. Çesit, Cansen Erensoy, The Ankara 2nd Administrative Court stays the execution of the Competition Authority’s decision to fine an online marketplace for obstructing a dawn raid (Sahibinden), 15 April 2022, e-Competitions Burden of proof, Art. N° 107115

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