TURKEY Trends and Developments Contributed by: Gökşin Kekevi and Yıldız Akınsal, Özay Law Firm
employees. Accordingly, it can be argued that the TCA is currently one of the most active competition authori - ties in the world, if not the most active. Combining this dynamism with its practice of imposing fines based on even a single internal WhatsApp correspondence, it is not difficult to predict that investigations and penalties will continue to rise. However, a review of TCA cases reveals another strik - ing statistic: the number of companies where dawn raids were conducted within the framework of HR- related infringement allegations but no investigation was opened, or where an investigation was opened but no fine was imposed, exceeds the number of companies that received penalties. Indeed, although not as sensational as the striking fines, the number of companies that did not face an investigation or a penalty over the past five years despite undergoing a dawn raid by the TCA can be counted in the hundreds. These figures demonstrate both the importance and the practical value of implementing an effective com - petition compliance programme in order to mitigate the risks. The principal measures that may be adopted under such a programme are, in order of importance, internal audits, training and contract review. Internal audits Unlike the US and the EU, internal competition com - pliance audits are common in Türkiye. As part of such audits, communications made via e-mail, What - sApp and similar channels by critical employees are reviewed to determine whether they may evidence a competition law infringement. Such audits are carried out on computers, mobile phones, etc, through key - word searches modelled after the TCA’s dawn raids upon obtaining the employees’ oral consent, or writ - ten consent if deemed preferable by the undertaking. These audits help identify potential risks for compa - nies. In addition, based on these findings, companies can take tailored measures like specialised training or IT policies, and decide whether to make a leniency application to the TCA. Training The second step consists of training programmes, which should, where possible, be conducted follow - ing the internal audit and designed in light of its find -
ings. Such training should explain, through practical examples, the types of conduct employees may and may not engage in, the matters requiring particular attention in internal and external communications, the lawful sources from which C&B data may be obtained, and the manner in which such information and relat - ed benchmarking studies may be reported internally. Internal audits and training programmes also pre - pare employees for the TCA’s dawn raids, which may reduce the risk of substantial fines being imposed for obstructing or hindering an on-site inspection – in recent years, nearly 100 undertakings have been fined on this basis, with a fine corresponding to 0.5% of their annual turnover. Contract review In contracts that companies execute with suppliers, customers, agents, and IT or consultancy firms, for example, there may be provisions preventing employ - ee transfers. Therefore, it is of paramount importance to review the relevant contracts and make the neces - sary amendments. Conclusion The TCA has imposed nearly USD100 million in fines on approximately 150 companies since 30 December 20221 when it issued its first penalty in its investiga - tions into allegations of “no-poaching agreements” and/or “information exchanges on C&B”. Meanwhile, investigations concerning more than 100 undertakings are currently ongoing. These investigations pose a risk of serious damages lawsuits against the relevant companies, in addition to reputational loss and fines that can reach up to 10% of their annual turnovers. Indeed, just as in the exam - ple of Silicon Valley companies in the US paying over USD400 million in settlements to their employees, employees in Türkiye can also file lawsuits to claim compensation amounting to three times the loss suf - fered or three times the profits obtained or likely to be obtained by the infringing parties. Furthermore, the targets of these risks are not only large companies, but also SMEs operating in markets comprised of hundreds of players of all sizes. One of the most critical reasons for this is that undertakings from different sectors, which are not normally con -
214 A NTITRUST LI T IGATI O N 2026
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