The labor market, also referred to as the employment market, is a structure where employees, who offer their labor, and employers, who demand this labor, interact. The wages and other employment conditions are determined based on the supply and demand power of the parties involved. Human resources, which form one of the most crucial assets of businesses, play an active role in the strategic decision-making processes of enterprises and are decisive for their competitive strength. However, the cost of labor is one of the primary expenses in the production process for employers. Businesses competing in the labor market to secure labor may wish to retain their workforce and prevent their employees from being hired by competitors. Additionally, labor is a significant cost factor for enterprises, leading rival businesses to agree on "salary fixing" or "non-poaching" agreements. Through these agreements, they may reduce employee mobility between companies and suppress or lower wages, thereby eliminating competition in the labor market. Furthermore, the sharing of sensitive employee-related information or the setting of working conditions by competitors can also result in violations of competition law.
In Article 14 of the Law on the Protection of Competition No. 4054 titled "Request for Information", it is stipulated that the Competition Board may request all kinds of information it deems necessary from all public institutions, undertakings and undertaking associations while fulfilling the duties assigned to it by this Law. In the second paragraph of the article, it is regulated that all these authorities and the officials of the undertakings and undertaking associations from which information is requested by the Board are obliged to provide this information requested by the Board within the period to be determined by the Board.
The Law No. 4054 on the Protection of Competition may be able to achieve its purpose of establishing and protecting the competitive environment in the markets of goods and services through the existence of a deterrent, fair and proportionate sanctions system. In case of violation of the competition order, various sanctions are applied by the Turkish Competition Board in order to prevent the repetition of the violation and to eliminate the possibility of a similar violation, and administrative fines are the leading ones.
According to most scholars, public policy has three main functions in private international law. First, public policy addresses conflicts of law. In this context, public policy precludes the court from applying foreign law when it conflicts with fundamental values of the forum law’s main notions of morality and justice or outraged its sense of justice and decency that forms the basis of its positive law . In such a situation, national courts do not compare the provisions of foreign and forum law.
Presumption of Innocence; means that a person is presumed innocent until it is proven with conclusive and convincing evidence that the person has committed the crime.
According to Article 20 of the "Law on the Protection of Competition" No. 4054, the Turkish Competition Authority, It is responsible for ensuring the formation and development of goods and services markets in a free and healthy competitive environment. The Competition Authority is an independent administrative institution with public legal personality and executive decision-making authority. In terms of the constitutional system, the Competition Authority, which is structurally within the administration, is equipped with a wide range of regulations, supervision and, where necessary, sanctions in order to fulfill the task of ensuring and protecting the competition order.
Information exchange refers to the fact that more than one undertaking operating in the same market shares all kinds of business data, either explicitly or implicitly, "unilaterally" or "mutually". Information exchanges between competitors can create coordination between competing undertakings, limit competition or facilitate the follow-up of a cartel agreement being implemented by the undertakings by having information about the sales price, production amount, stock status and customers of their competitors. On the other hand, information exchanges can allow efficiency gains by eliminating the information asymmetry between the parties and allowing enterprises to compare themselves with their competitors and reducing the research costs of enterprises and consumers.
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