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NEWSLETTER 2011
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The Protocol pertaining to the Cooperation between the
Information and Communication Technologies Authority and
Competition Authority
5
*
Att. Naciye Yılmaz
The Protocol pertaining to the Cooperation between the Information
and Communication Technologies Authority and Competition
Authority (“Protocol”) has been signed on November 2, 2011 between
the Competition Authority and the Information and Communication
Technologies Authority (“ICTA”), and entered into force by the date of
signature.
Purpose of the Protocol
Pursuant to theArticle 3, which is entitled as
“purpose”
, the purpose of
this Protocol is, “
to determine the procedures and the principles on duties
and competences of the parties regarding the establishment, development
and protection of the competition in electronic communications sector, to
prevent the enterprises to make applications before these two authorities
by the purpose of obtaining favorable decisions, to have a joint approach
regarding interpretation of relevant legislation and notions and to assure
taking decisions with regards to cooperation and information sharing”.
This Protocol aims to provide cooperation between ICTA and
Competition Authority and to prevent the forum shopping method that
the undertakings use from time to time for the purpose of obtaining
favorable decisions. Even though ICTA has duties and competences
arising from the Law on Electronic Communications and similarly
Competition Authority has duties and competences arising from the Act
on the Protection of Competition, these two authorities have not reached
an agreement regarding how to share these duties and competences.
Hence, this Protocol intends to establish an efficient cooperation
by
“information sharing”
,
“opinion receiving”
and
“coordination and
cooperation”
.
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Article of November 2011