New Communiqué on the Right of Access to the File has been Published

With the Communiqué Amending the Communiqué (Communiqué No: 2010/3) on the Regulation of the Right of Access to the File and Protection of Trade Secrets (Communiqué No: 2025/3) (“New Communiqué”) published in the Official Gazette dated 4 October 2025 and numbered 33037, significant amendments were made by the Turkish Competition Authority to the former communiqué No: 2010/3.

The New Communiqué re-regulates the procedures and principles regarding the exercise of the right of access to the file by the parties against whom an investigation or final examination is conducted and the procedures and principles regarding the determination of the trade secret nature of the information obtained during the implementation of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) and the protection of the information and documents classified as trade secrets.

The main amendments introduced by the New Communiqué are summarised below:

1. Changes in the Scope and Procedure Regarding the Exercise of the Right of Access to the File

With the New Communiqué, it is regulated that all parties who have been notified of the investigation report may request that the Turkish Competition Authority (“Authority”) provide them with a copy of all documents issued and all evidence obtained in relation to them.

This regulation clarifies that the right of access to the file can only be exercised after the notification of the investigation report. Accordingly, the regulation in the previous communiqué regarding the requests for access to the file made in the period before the notification of the investigation report and the postponement power granted to the Authority in this regard have been abolished. Under the New Communiqué, the parties will be able to request access to the file until the expiry of the first written defence period or the second written defence period in case the case team sends an additional written opinion.

Explicit Inclusion of Final Examinations in the Scope

With the New Communiqué, it is stated that the purpose of the Communiqué is to determine the procedures and principles regarding the exercise of the right of access to the file by the parties against whom an investigation or final examination is conducted, and all information and documents obtained, created or gathered within the scope of the final examination are also included in the definition of “file”. While the previous regulation only included the term “investigation”, the New Communiqué uses the term “investigation and final examination”, and thus, final examination in merger and acquisition transactions are explicitly included in the scope of the right of access to the file.

Clarification of the Scope of the Right of Access to the File

With the New Communiqué, it is regulated that the parties to whom the investigation report is notified may access all kinds of documents and all kinds of evidence obtained by the Authority within the scope of the right of access to the file. Accordingly, the right of access of undertakings has been strengthened by excluding the expression “if possible” of the former regulation.[1]

2. Expansion of the Definition of Intra-Authority Correspondence

The New Communiqué clarifies the scope of the definition of intra-authority correspondence. Accordingly, intra-authority correspondence is defined as correspondence between departments that are preparatory in terms of the final decisions taken by the Turkish Competition Board, and it is stipulated that all reports such as initial examination and preliminary investigation drafted within the Authority shall be considered as intra-agency correspondence. In addition, the following documents are also accepted as intra-authority correspondence:

a) Information and documents obtained within the scope of the Regulation on Active Cooperation for Detecting Cartels,

b) Correspondence of the Authority with other public institutions, professional organisations in the nature of public institutions or private sector natural and legal persons,

c) Documents within the scope of the Regulation on the Settlement Procedure,

d) Minutes and annexes issued within the scope of Article 15 of Law No. 4054.

It should be noted that, except for the exculpatory or incriminating parts, intra-authority correspondence and trade secrets are not covered by the right of access to the file. The exception to the right of access to exculpatory or incriminating parts is critical for the protection of undertakings’ defence rights and compliance with the principle of equality of arms.

With the New Communiqué, it is regulated that the documents made accessible within the scope of the right of access to the file may be made available by giving or sending photocopied copies or electronic copies of the documents that are free from trade secrets. However, intra-authority correspondence to which access to the file request is accepted can only be examined at the headquarters of the Authority. These documents shall not be provided as photocopies or electronic copies.

3. Making the Access to File Request Form Mandatory

The New Communiqué stipulates that the requests for access to the file must be made by filling in the request for access to the file form in Annex-1 correctly and completely, and emphasises that the applications not made in this way will not be accepted. This regulation means that requests for access to the file are subject to a formal requirement. Therefore, undertakings should fill in the Annex-1 form very carefully.

4. Repeal of the Regulation on Complainants and Third Parties

The provision of the former communiqué stipulating that the requests of the complainant and third parties shall be evaluated within the framework of general provisions in terms of the exercise of the right of access to the file has been abolished in the New Communiqué. In parallel, the definition of “complainant” is not included in the scope of the definitions in the New Communiqué.

5. Transitional Period Regulation

The New Communiqué stipulates that the provisions of the Communiqué shall not apply to ongoing investigations. This regulation is important in terms of legal predictability and protection of vested rights. Accordingly, the former regulations will continue to apply to investigations commenced before 4 October 2025, and the New Communiqué will apply to investigations commenced after this date.

It should be noted that the right of access to the file is granted once, unless new evidence is obtained within the scope of the investigation and final examination. In this framework, it is important for undertakings to prepare their requests for access to the file in accordance with the provisions of the New Communiqué, to fill in the Annex-1 form completely and correctly, to strategically determine the timing of the request for access to the file, and to clearly inform the Authority about their trade secrets.

Please do not hesitate to contact us on any queries you may have regarding the New Communiqué.

You can access the New Communiqué published in the Official Gazette here.

[1] See Article 8 of the former communiqué No. 2010/3: “Parties that have been notified that an investigation was initiated concerning them can request that they be given a copy of any document drawn up, and if possible, of any evidence obtained by the Authority in relation to them.”