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COMP ET I T I ON LAW
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Furthermore, the Board, in order to permit also the participation of
complainants and third persons to the hearing, announces in the web page
of the Competition Authority (hereinafter referred to as the “Authority”),
on the basis of the principle of transparency, the date, venue and time of
the meeting, and the duration of application for complainants and third
persons. From that date, the complainant who wants to participate to the
hearing shall make a written request. As for the third person, he shall
apply to the Board with a petition that involves information and documents
putting forward his relation of interest with regard to the subject matter of
the hearing.
In addition, the Board, on its own motion or upon request of the
investigation committee, may also invite other natural or legal persons from
whom it may obtain information on the subject matter of the hearing. The
Communiqué, contrary to the Guidance, does not independently mention
the associations. Nevertheless, the associations have legal personality as
per the Turkish Civil Code
2
.
Furthermore, persons who want to attend the hearing as an audience
are also accepted if the physical situation of the hearing hall is appropriate.
Notification of the Hearing
Even though the information on the hearing is announced on the
official website of the Authority, the Board shall send to the parties a
written invitation for the hearing at least thirty days before the day of the
hearing.
The Hearing
Time and Duration.
The hearing shall be held in at most five successive
sessions
3
within thirty days at least and sixty days at most from the end of
the investigation phase.
Hearing Hall Equipment.
The Authority shall ensure, on the condition
that it has been requested in a reasonable period of time beforehand, special
2 The first paragraph of Article 56 of the Civil Code is as follows:
“Associations are society of
persons which have
legal personality
formed by at least seven real persons for the realisation
of a common object other than sharing of profit by collecting information and performing
studies for such purpose.”
3 Various meetings held in one day shall be deemed to be one session.