The Turkish Competition Authority Published a New Communiqué on the Right of Access to the File.

With the Communiqué Amending the Communiqué on the Regulation of the Right of Access to the File and Protection of Trade Secrets (Communiqué No: 2025/3) (“Amending Communiqué”), published in the Official Gazette dated 4 October 2025, the Turkish Competition Authority (“the TCA”) introduced significant amendments to the Communiqué on the Regulation of the Right of Access to the File and Protection of Trade Secrets (Communiqué No: 2010/3).

These amendments aim to update the rules governing the exercise of the parties’ right of access to the file in competition investigations, as well as the determination and protection of information obtained during investigations that may constitute trade secrets. The Amending Communiqué also seeks to align the existing framework with the recent amendments made to Law No. 4054 on the Protection of Competition (“Law No. 4054”) and secondary legislation, including those concerning settlement and leniency mechanisms.

The main amendments introduced by the Amending Communiqué regarding the right of access to the file and the exercise of such right are summarized below.

Purpose and Scope

The purpose article of the Communiqué has been expanded to include the procedures and principles applicable to the exercise of the right of access to the file by undertakings subject to an investigation or a final examination, as well as the determination and protection of information obtained during the implementation of Law No. 4054 that may constitute trade secrets. Accordingly, merger and acquisition transactions subject to a final examination are now also covered by the Communiqué.

Definitions

The definition of “file” has been broadened to cover all information and documents obtained, created, or compiled during an investigation or final examination. Moreover, the definition of “complainant,” which was previously included under subparagraph (d), has been repealed.

Scope of Internal Correspondence

The Amending Communiqué expands the scope of documents deemed to constitute “internal correspondence.” The following documents and information will now also be considered internal correspondence and therefore excluded from the scope of the right of access to the file:

• Leniency Applications: Information and documents obtained under leniency applications filed pursuant to the Regulation on Active Cooperation for Detecting Cartels (Official Gazette No. 32401, dated 16 December 2023).

  
  

• Correspondence regarding information requests: Correspondence exchanged by the TCA with other public institutions, professional organizations, or private persons under Article 14 of Law No. 4054 (requests for information).

  
  

• Documents relating to settlement procedures: Minutes and settlement texts drawn up within the scope of the Regulation on the Settlement Procedure applicable to investigations concerning agreements, concerted practices, and decisions restricting competition and abuse of dominant position.

  
  

• Dawn raid minutes: Minutes prepared during dawn raids conducted by the TCA pursuant to Article 15 of Law No. 4054.

Application Period and Form of Access Requests

The Amending Communiqué also introduces changes regarding the application period for exercising the right of access to the file. Accordingly, all parties to whom the investigation report has been served may apply to exercise their right of access to the file. Under the previous version, requests submitted prior to the notification of the investigation report could be postponed, depending on the circumstances of the case and provided that legal grounds were stated. With the Amending Communiqué, it is now explicitly stipulated that applications to exercise the right of access to the file shall be made only after the investigation report is served.

Additionally, unlike the previous version, the Amending Communiqué provides that applications made without properly and fully completing the application form annexed to the Communiqué shall not be accepted.

Repeal of Provisions Regarding Complainants and Third Parties

In parallel with the removal of the definition of “complainant,” the Amending Communiqué also repeals the provision stipulating that the requests of complainants and third parties would be assessed under general principles.

Use of Information and Documents Accessed under the Right of Access to the File

The Amending Communiqué further stipulates that information and documents obtained through the exercise of the right of access to the file may only be used by the parties in their defenses under Law No. 4054 and in applications before administrative courts, limited to the specific file to which access has been granted.

Transitional Provision

A new paragraph added to the provisional article provides that the amendments introduced by the Amending Communiqué shall not apply to ongoing investigations as of its publication date. Therefore, the Amending Communiqué entered into force on 4 October 2025 and will apply only to investigations initiated thereafter. (Investigations already in progress will continue to be governed by the previous version of the Communiqué.)

In conclusion, with the Amending Communiqué, the TCA has clarified the framework governing the exercise of the right of access to the file and the protection of trade secrets in competition investigations, while ensuring consistency with recent legislative developments. In this regard, considering that the right of access to the file may now be exercised only once and that the application form annexed to the Communiqué must be completed accurately and in full, the Amending Communiqué holds particular importance.