Services
Contentious Regulatory
Tax
REG
WCC
Our contentious regulatory practice represents clients in enforcement proceedings, investigations, and litigation before Turkish regulatory authorities and administrative courts. Effective regulatory defense requires more than transactional expertise—it demands seasoned litigators and defenders who understand the dynamics of adversarial proceedings, evidentiary standards, and strategic advocacy. Our multidisciplinary capabilities across administrative and criminal law allow us to address the interconnected legal issues that characterize regulatory enforcement matters, providing clients with comprehensive defense strategies that protect both their immediate interests and long-term business objectives.
Below are the specific contentious regulatory services we provide:
i. Regulatory Inquiries Assistance
ii. Self-reporting and Whistleblowing Assistance
iii. Regulatory Defense
iv. ADR Representation
v. Regulatory Litigation
You may find the details of each type of services below:
i. Regulatory Inquiries Assistance
Turkish regulatory authorities—including the Competition Authority, Capital Markets Board, Banking Regulation and Supervision Agency, Energy Market Regulatory Authority, Information Technologies and Communications Authority, and others—frequently initiate preliminary inquiries when potential violations are identified. These inquiries can rapidly escalate into formal investigations with significant legal and reputational consequences.
Initial responses to regulatory inquiries are critical. Poorly drafted submissions can inadvertently provide grounds for enforcement action, while delayed or inadequate responses may be interpreted as non-cooperation, and failure to respond altogether may result in penalties or other sanctions. We swiftly assess the scope and implications of regulatory inquiries, prepare comprehensive and legally sound responses, engage in strategic communications with authorities, and work to resolve matters at the preliminary stage before they escalate into formal proceedings.
ii. Self-reporting and Whistleblowing Assistance
Turkish law provides three distinct types of disclosure mechanisms across various regulatory regimes. First, leniency programs allow self-reporters to obtain reduced penalties or immunity from prosecution by voluntarily disclosing their own violations. Second, mandatory reporting obligations require certain service providers and regulated entities to report suspected violations to authorities, with penalties imposed for failure to comply. Third, whistleblowing mechanisms enable companies to report misconduct by competitors or other market participants, which businesses may strategically utilize to address unfair competition and maintain market integrity.
Disclosure—whether mandatory or voluntary—is a high-stakes decision requiring precise timing, careful assessment of exposure, and strategic presentation. Improper disclosure can waive legal privileges, inadvertently admit liability without securing benefits, or trigger additional investigations beyond the initial scope. We conduct privilege-protected assessments of potential violations, advise on the timing and advisability of disclosure, evaluate the strategic choice between voluntary disclosure and mandatory reporting obligations, prepare comprehensive disclosure packages that maximize protection while satisfying legal requirements, negotiate with authorities for optimal treatment including reduced penalties or immunity, and coordinate multi-jurisdictional disclosures where necessary to address overlapping regulatory exposures.
iii. Regulatory Defense
When Turkish regulatory authorities launch formal investigations—whether for competition law violations, market manipulation, licensing breaches, or sectoral non-compliance—companies face complex procedural challenges, stringent information requests, and potential administrative or criminal sanctions. Authorities may conduct unannounced dawn raids at company premises to secure evidence, or regulatory officials may perform scheduled on-site inspections to verify compliance with legal requirements.
Regulatory investigations involve technical legal procedures, tight deadlines, coordination of internal and external stakeholders, and the risk of parallel criminal proceedings. The outcome can result in substantial fines, operational restrictions, license revocations, or criminal liability for executives. We represent and accompany clients throughout the investigative process, manage communications with regulatory authorities, coordinate responses to information requests, advise and attend during on-the-spot checks and inspections, prepare and present written defense submissions, represent clients in oral defense hearings before authorities, protect attorney-client privilege, and develop strategies to minimize exposure and achieve favorable resolutions.
iv. ADR Representation
Turkish regulatory law increasingly incorporates alternative dispute resolution (ADR) mechanisms, with settlement procedures before the Competition Authority being a key example. As similar mechanisms are introduced across other regulatory regimes, their use is expected to expand. These processes can offer faster, more cost-effective, and less public resolutions than protracted litigation.
ADR in the regulatory context requires specialized knowledge of procedural rules, negotiation dynamics with authorities, and strategic assessment of when settlement serves client interests versus when litigation is preferable. We evaluate ADR eligibility and strategic advantages, conduct settlement negotiations with regulatory authorities, structure favorable settlement terms, prepare settlement applications and supporting documentation, and ensure compliance with settlement obligations to avoid subsequent enforcement actions.
v. Regulatory Litigation
When administrative sanctions are imposed by Turkish regulatory authorities, affected parties have the right to challenge these decisions before administrative courts, ultimately leading to the Council of State, Turkey's highest administrative court. Regulatory litigation involves complex administrative law procedures, evidentiary standards, and often requires parallel urgent injunction proceedings to suspend enforcement.
Administrative litigation in Turkey is highly technical, with specific procedural requirements, strict deadlines for filing, and specialized administrative law judges. Success requires not only regulatory expertise but also deep knowledge of administrative procedure and jurisprudence. We file administrative lawsuits challenging regulatory sanctions, obtain urgent injunctions to suspend enforcement pending litigation, prepare comprehensive legal briefs and factual records, represent clients in hearings before administrative courts and the Council of State, and pursue all available appellate remedies to protect client interests.
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