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While exchanging opinions between the authorities, maintaining
confidentiality is essential. Moreover, sharing authority shall not disclose
its opinion until the final decision of the receiving authority.
Exchange of opinions related to mergers and acquisitions shall be
immediately made.
Principles regarding Cooperation
Pursuant to the Article 8 which is entitled as
“coordination and
cooperation”
of the Protocol, principles to be taken into consideration
for the cooperation between the authorities are as follows:
• In case that an application which is made to one of these
authorities, is not within the competences of the relevant authority
and in case that this application is in scope of the competences
of the other authority, the application may be transmitted to
other authority. Similarly, any subject considered as important on
electronic communications market by one of these authorities may
be transmitted
ex officio
to other authority.
• ICTA may transmit applications regarding abuse of dominant
position to the Competition Authority.
• Competition Authority may transmit applications regarding abuse
of dominant position to ICTA while subject of the application
is related to the Electronic Communications Act and relevant
legislation.
• Competition Authority may request the opinion of ICTA while
the application is related to the abuse of dominant position on
electronic communications market.
Conclusion
Consequently, Protocol signed between ICTA and Competition
Authority clearly aims at building the cooperation between these two
authorities. However, considering that the Protocol is not binding for these
authorities, we have to wait for the results of compliance to the provisions
of the Protocol and efficient cooperation and if both of the authorities
shall or shall not promptly apply the provisions of this Protocol.