Competition Law Compliance Programme
Following the Turkish Competition Authority’s investigations into labour markets, the 2024 Guidelines made it explicit that gentlemen’s agreements between companies, no-poach arrangements, joint wage and benefit setting, and the exchange of employee-related information constitute competition infringements. The Authority treats such conduct as cartel behaviour and sets fines accordingly — up to 10% of turnover.
The risk rarely arises from an intention to form a cartel. It arises from ordinary correspondence: a salary question an HR manager puts to a contact at a competitor, information shared at an industry association meeting, a clause placed in a supplier agreement years ago. This programme is designed to find and close those points before an investigation begins.
Stages
Communications review
The company’s activities and organisational structure are examined, and the e-mail, WhatsApp and Teams correspondence of selected employees is searched the way the Authority would in an investigation, using keywords prepared in light of the Guidelines.
Policy and contract review
Employment contracts, supplier and customer agreements, non-compete clauses, and pay and competition policies are examined. Risk points are identified, new clauses and policy proposals are drafted, and model addenda are prepared to amend agreements already in force.
Reporting
The findings from the earlier stages are brought together in a comprehensive Risk and Action Report with an executive summary, and delivered to the company.
Training and materials
A tailored training session is delivered on the basis of the findings. Unlike general competition law training, it focuses on concrete departmental practices, and leaves behind materials the company can keep using internally.
Areas Reviewed
- Communications audit and exchanges of sensitive information
- Labour market compliance: recruitment processes, no-poach practices, wage mapping services
- Vertical agreement design
- Non-compete clauses, employment contracts, supplier and customer agreements
- Relations with suppliers and subcontractors
- Industry association and trade body meetings
- Correspondence of HR professionals
- Department-level compliance and training
- Dawn raid preparation and mock dawn raid
Deliverables
- Risk and Action Report
- Internal competition law compliance policy
- Competition law training presentation prepared for the company
- Do’s & Don’ts flyer
- Dawn Raid Guide
Frequently Asked Questions
Does reviewing our employees' correspondence raise data protection issues?
The review is limited to company-owned accounts and channels, to selected employees, and to keywords targeting competition law risk. Employees must have been informed in advance that such reviews may take place, and the review must remain proportionate to its purpose; these conditions are checked with the company at the start of the programme. If the notice is missing, it is put in place before the review begins.
What happens if the review uncovers an infringement?
Findings are reported to management by us as independent counsel, within the scope of the right of defence. If a serious finding emerges, options such as a leniency application are assessed with the company, including their timing. Finding these points before an investigation starts, while the company still has choices, is precisely the purpose of the programme.
Why does the programme take three weeks, and how much of our time does it need?
The timeline comes from running the correspondence review, the contract and policy review, reporting and training one after another. What we need from the company is to identify its organisation and the relevant employees at the outset, to share its contracts and policies, and to attend the training at the end. If the number of employees to be reviewed or the volume of contracts is very large, the schedule is agreed at the start accordingly.
Does the programme cover preparation for a dawn raid?
Yes. The outputs include a company-specific Dawn Raid Guide setting out step by step who receives the inspectors, who is called, and how access to premises and devices is given. If the company wants to test that preparation in practice, a mock dawn raid can also be arranged.
Would you like to run this programme at your company? Schedule a meeting with us — the first meeting is free of charge.
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