Previous Page  165 / 469 Next Page
Information
Show Menu
Previous Page 165 / 469 Next Page
Page Background

COMPETITION LAW

151

The Scope of the Protocol

Pursuant to the Article 4 of the Protocol, scope of this Protocol is

establishment of the principles and procedures regarding decisions and

legal operations on determination, regulation and control pertaining to

establishment, development and protection of the competition on the

electronic communication market within the boundaries of the Republic

of Turkey.

The Principles of Cooperation

Cooperation between the authorities is provided by exchange of

information and receiving opinion according to provisions of the

Protocol.

Sharing Information

Pursuant to the Article 6 of the Protocol, authority conducting an

examination, a research or an investigation may request to access to the

necessary documents, held or stored by the other authority. Information and

documents requested shall be transmitted to other authority with regards

to the principle of high level of confidentiality of the investigation and the

principle of the protection of business trade secret. These documents and

information shall be evaluated in this scope by receiving authority and

shall be used limited with their purpose.

Receiving opinion

Exchange of opinions between authorities is already regulated by

the Electronic Communications Act. This Protocol also regulates that

authorities may receive opinions regarding examinations to be conducted

and decisions to be taken related to the electronic communications

market. Moreover, regulatory operations shall also be considered by these

authorities.

For the market analysis to be carried out by ICTA, ICTA shall receive

the opinion of the Competition Authority. Additionally, ICTAmay request

opinion of the Competition Authority for infringement of competition

occurred on the electronic communications market.