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25 August 2026

Constitutional Court Decision Dated 17 February 2026

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Tunc Firat Dereli

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Turkey's Constitutional Court has upheld the Competition Board's authority to conduct on-site inspections at its discretion, marking a pivotal moment in defining the balance between administrative oversight powers and constitutional protections. The ruling addresses fundamental questions about the scope of regulatory inspection authority and its implications for businesses subject to competition law enforcement.
Turkey Antitrust/Competition Law

With its decision published on 17 February 2026, the Constitutional Court ruled that the Competition Board’s authority to conduct on-site inspections “where it deems necessary,” as set out in Article 15 of the Law on the Protection of Competition, is in compliance with the Constitution.

The decision, rendered upon a concrete norm review application by the 13th Chamber of the Council of State, is significant not only for competition law practice but also for defining the limits of fundamental rights and freedoms within the context of administrative inspection processes.

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