Turkey - Competition and Antitrust - Confidentiality Request Checklist

Confidentiality Request Checklist

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.

Explore

Pursuant to the Communiqué No. 2010/3 on Right of Access to the File and Protection of Commercial Secrets, companies can make confidentiality requests regarding commercial secrets included in any document seized by the Turkish Competition Authority...

Turkey Competition and Antitrust

Pursuant to the Communiqué No. 2010/3 on Right of Access to the File and Protection of Commercial Secrets (“Communique No. 2010/3”), companies can make confidentiality requests regarding commercial secrets included in any document seized by the Turkish Competition Authority (“Authority”) or documents submitted to the records of the Authority by the companies.

Definition of commercial secrets: Any information and documents pertaining to the companies’ fields of activity which they would like to keep secret and which (i) are known or obtainable only by a limited number of people and (ii) could cause harm to the company in case of disclosure to third parties or the general public.

The Authority may reject confidential treatment of information (i) which has been published or disclosed to the public or included in official registries or annual reports, or (ii) which has lost its commercial significance due to reasons such as being no longer effective for a period of more than five years.

In a confidentiality request, the following elements should be indicated to the Authority in writing:

the information and documents that include commercial secrets,
the grounds that explain why the relevant information and/or documents constitute commercial secrets,
the versions of documents that do not include commercial secrets.

Companies can file confidentiality requests solely for commercial secrets that have been obtained from them or that are directly relevant to them.

Companies filing a request for confidentiality should specify the commercial secrets included in the relevant documents individually. Broad explanations declaring that the documents subject to the confidentiality request are commercial secrets as a whole would not be accepted.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Confidentiality Request Checklist

Contributor

Contributor