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.