Amendment to the Communiqué No. 2010/3 on the Right of Access to the File and Protection of Trade Secrets – Communiqué No. 2025/3
Introduction
The Turkish Competition Authority has introduced significant amendments to the regulatory framework governing access to investigation files and the protection of trade secrets in competition proceedings.
Key Amendments
Enhanced Trade Secret Protection
The 2025/3 Amendment strengthens the protection afforded to confidential business information during competition investigations:
- Clearer criteria for identifying trade secrets
- Streamlined procedures for claiming confidentiality
- Enhanced safeguards during information disclosure
File Access Procedures
The amendment introduces updated procedures for parties seeking access to investigation files:
- Digital access options expanded
- Timeframes for processing requests clarified
- Appeals process refined
Balance of Rights
The amendments seek to balance the rights of defense with the need to protect legitimate business confidentiality, addressing concerns raised by practitioners under the previous regime.
Practical Implications
Undertakings involved in competition proceedings should:
- Review and update confidentiality claims in pending matters
- Familiarize themselves with new procedural requirements
- Ensure internal processes align with updated timelines
Conclusion
The 2025/3 Amendment represents a significant modernization of Turkey's competition procedure framework, bringing it closer to international best practices.
*This publication is prepared solely for informational purposes and does not constitute legal advice.