We proudly present the seventh of BASEAK CORE Papers article series!
In this part of the series, our associates Gediz Çinar and Asli Ak assess the application of attorney - client privilege in Turkish competition law in light of EU and the US practices.
Please find below the abstract of our article, which you can download from here.
This paper aims at revealing distinct application areas of attorney-client privilege, a notion fully recognized by private law, in competition law. This paper evaluates the application of attorney-client privilege, which is recognized both on an international and national level, in competition proceedings in light of precedents of competition authorities while providing critique on the lack of an explicit provision in the Act on the Protection of Competition No: 4054. The primary conclusion of the paper suggests that the attorney-client privilege stipulated in the Constitution of the Turkish Republic, Criminal Procedure Act and Attorneyship Act shall apply to competition proceedings which confer wide authorities to the Turkish Competition Authority. The second conclusion indicates that the privilege extends to legal advice given before the initiation of an investigation.
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