Turkish Competition Board Amends File Access Rules — What You Need to Know

On 4 October 2025, the Turkish Competition Board (Rekabet Kurulu) enacted substantial changes to how parties can access the contents of competition investigation files, by issuing Communiqué No. 2025/3, which amends the earlier Communiqué No. 2010/3 on the Regulation of the Right of Access to the File. These amendments are significant, especially for companies under investigation or subject to merger review in Turkey, as they expand the rights and procedural clarity regarding access to evidence, documents, and case materials.

In this post, we explain what changed, why it matters, and how affected clients—especially foreign or cross-border clients—should adjust their approach. We also provide strategic insights from Ecrin Nezir Solicitors on how to maximize your legal position under the new rules.

Background: The Original Framework and Its Limitations

Under Article 44(2) of Law No. 4054 on the Protection of Competition (the Turkish Competition Law), parties to an investigation have the right to request copies of documents and evidence “arranged or obtained by the Turkish Competition Authority,” where possible. To implement that right, the Competition Board initially issued Communiqué No. 2010/3, which set out procedural rules for access to the file and protection of trade secrets (e.g. redaction, confidentiality). 

However, the original communiqué had certain ambiguities. For instance, while the final examination phase of merger review and exemption withdrawal processes were notionally subject to file access by analogy, the rules did not explicitly apply to those phases. In practice, the Board sometimes treated them similarly, but legally the certainty was lacking. The amendments now clarify and remove that ambiguity.

Key Amendments Introduced by Communiqué 2025/3

1. Explicit Inclusion of the Final Examination Phase

One of the most important changes is that the rules on file access now explicitly include the final examination phase of merger review and exemption withdrawal procedures. Prior to this amendment, the final phase was subject to the rules “by analogy”; now, it is squarely within the scope of the file access regime. In other words, parties may directly request access to case documents during that last phase, subject to the same procedural safeguards and constraints as earlier phases.

This change strengthens procedural fairness and transparency, as affected parties will have clearer, legally grounded expectations for how much of the evidence, responses, and communications they can see before decisions are finalized.

2. Clarified Procedure, Redactions & Trade Secret Protection

The amended communiqué refines how third-party confidential information and internal documents can be redacted or withheld. While parties still cannot access internal deliberations of the Authority unrelated to evidence (“internal correspondence”), they can request a reasoned basis when access is refused, especially if those documents contain exculpatory or incriminating content. 

The rules emphasize that documents containing commercial secrets or third-party confidentiality must be properly redacted, and the identity of third parties may often be concealed. The Authority retains discretion to protect legitimate confidentiality, but must do so transparently and within defined boundaries. 

Why These Changes Matter: Benefits and Risks

Greater Procedural Clarity and Predictability

With the new rules, parties in merger or competition investigations now enjoy better legal certainty: they can anticipate whether, when, and how they will access documents even in the final examination phase. This clarity reduces procedural surprises, allows better defense planning, and places greater responsibility on the Authority to follow clear protocols.

Stronger Position for Defense & Counterarguments

Because parties can access more of the relevant case file, they gain better insight into the evidence, objections, and third-party submissions. This enables more informed responses, more targeted legal arguments, and potentially stronger negotiation leverage before the final decision. It also reduces the risk of surprise evidence being used against you without opportunity to respond.

Heightened Responsibility & Diligence for Parties

While enhanced access benefits parties, it comes with increased expectations of diligence. Parties must carefully manage confidentiality claims, propose redactions when needed, and timely request and challenge access denials. Failure to act strategically can mean losing opportunities to rebut certain evidence or interpretations.

Pressure on Authorities to Justify Redactions

The amendments push the Turkish Competition Authority to be more transparent about redactions or withheld documents. If the Authority declines access or redacts content, it must provide reasoned justifications — especially if the withheld documents are probative for defense. This is a step toward better procedural accountability.

Strategic Implications for Cross-Border and Foreign Clients

Foreign or multinational clients facing Turkish competition investigations or merger reviews now have improved prospects for meaningful participation in process. However, they must be proactive:

• Legal representation must be timely and involved: appoint attorneys experienced in Turkish competition law early, so they can request access appropriately and contest redactions.

• Confidentiality planning is critical: when submitting sensitive information (e.g. internal analyses, market studies), mark clearly which parts warrant confidentiality, so proper redaction proposals can be made.

• Document strategy counts: maintain robust internal records of correspondence and decision rationale, so you can support arguments when access is requested.

• Timelines must be managed carefully: procedural deadlines for requesting access or challenging refusal must be adhered to; failure to act within those windows may forfeit access rights.

• Cross-jurisdictional coordination: your global legal team should align strategy in co-reported jurisdictions, especially when similar procedural rights (e.g. European or US competition law) apply.

How Ecrin Nezir Solicitors Helps You Navigate These New Rules

At Ecrin Nezir Solicitors, our competition law team is already adapting practice strategies to reflect the 2025 amendments. We assist clients in:

• Determining at which phase to demand file access — initial, mid-investigation, or final exam.

• Drafting access requests tailored to the new rules, proposing redactions, and challenging excessive redactions.

• Evaluating risk vs benefit of disclosure and negotiating confidentiality protections with the Authority.

• Coordinating with expert economists or consultants to ensure that any technical documents are presented clearly and appropriately in access discussions.

• Preparing responses to new evidence discovered via access, and integrating the new information into defense or settlement strategy.

Because we maintain offices in both the UK and Turkey, we are particularly well-positioned to coordinate cross-border strategies, interpret foreign-law implications, and support clients who face multi-jurisdictional competition risks.

Conclusion & Next Steps

The issuance of Communiqué 2025/3 marks a pivotal shift in the Turkish competition regime: the final examination phase now lies fully within the scope of file access rights; procedural clarity around redactions is enhanced; and parties enjoy stronger avenues for defense participation. While these changes improve fairness and transparency, success under the new framework demands greater legal preparedness and strategic responsiveness.

If your company is subject to a Turkish competition inquiry, merger review, or exemption withdrawal, it’s essential to review your case under the lens of these new rules. Early, expert legal involvement can make a real difference in outcome.