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• The functioning and inspection of the slot allocation to be con-
ducted by an independent civil aviation mechanism with suffi-
cient administrative and technical capacity
• Bilateral agreements to be converted that they would provide
rights for multiple aviation companies
Railway Transportation Industry
The infrastructure services can be considered as upper market and
the activities of passenger and freight transportation through railroad
can be considered as inferior market within the scope of railway indus-
try. The authority, duty and liabilities in relation to domestic railway
transportation are conducted by Railway Regulatory General
Management (“RRGM”), Infrastructure Investments General
Management (“IIGM”), which are within the scope of Transportation,
Maritime and Communication Ministry, and Turkish Republic State
Railways (“TRSR”) which is active in operation.
Pursuant to the current legislation, a monopoly right is granted to
TRSR for the domestic railroad operation activities. The mentioned
monopoly right constitutes an entry barrier for the railway industry.
Moreover, the infrastructure and transportation services are provided
by TRSR in a vertically integrated way.
Authority suggested the following for railway industry to reach a
competitive structure after the liberalization of the industry:
• Structuring an functionally independent Authority for Regulating
Railway Competition
• Taking the necessary precautions for preventing the anticom-
petitive effects for undertakings that shall enter into the market
• Deregulating the fields determining the base prices for trans-
portation activities
• Adopting the secondary legislation in relation use of infrastruc-
tures, which will support the competitive structure of the mar-
ket.
COMPETITION LAW
139