184 / 469
NEWSLETTER 2011
170
In this scope, the Board stated that the provisions regulated under
Art.2 of the Partnership Agreement with the headings of “Management
of the Partnership” and “Cooperation Fields” are restrictive in nature
for competition. Thus, the above referred provisions states that the
distribution, qualification programs, products, pricing, income planning,
sales and marketing activities of airlines who are in a competing position
to be coordinated and the same to be realized for the cargo services.
Partnership Agreement also provides the inclusion of AZ in the joint
venture and the cooperation in cargo operations.
Pursuant to Art.14 of the Partnership Agreement, a set of rules is
introduced for the cooperation of AFKL andAZ in their sales organizations
and policies.
The Board stated that in order to grant an individual exemption to
the relevant agreements, which are in nature restricting competition, the
two affirmative and two negative conditions stated within Art. 5 of the
Competition Act should be both satisfied. Thus, the Board evaluated each
condition.
Providing New Developments and Improvements, or Economic or
Technical Development in the Production or Distribution of Goods
and in the Delivery of Services
The Board stated that the system, which envisages the unification
of networks in order to gain myriad betterment and advantages in terms
of traffic, geographical distribution and market share to the airlines in
alliance, also increases the concentration by the unification of traffic
volume within the said networks. The basic mechanism herein is
determined as structuring of a suitable network for central and hub-spoke
system. In this case, it is ascertained that the improvements made for
the feeder spokes enable the flights to be made without delays, increase
enplanement numbers by flying aircrafts with a larger seating capacity
in the feeder spokes and hence reduce overhead costs for per passenger.
Another advantage can be seen in the stage of entrance into a new
market. Thereby, by the courtesy of alliances, the airlines may enhance
their networks without the need for increasing the number of destinations