147 / 473
NEWSLETTER 2013
134
M regarding the Association of Fertilizer Producers
2
, decided that the
exchange of statistical information between competitors should cease
since such an exchange might negatively influence the competition. In
its decision dated 19.12.2005 and numbered 05-85/1182-336
3
, the Board
pointed to information exchange between competitors by using the phrase
“between undertakings in the same market”
. In one
of its more recent decisions dated 18.04.2011 and numbered 11-
24/464-139
4
, the Board did not take into consideration correspondence
between the parties, as it was exchanged between Borusan and its retailer
(Kosifler) – not competitors.
Board decisions on information exchange among competitors are
also examined by the Council of State within the scope of annulment
suits issued against Board decisions. The 13th Chamber of the Council
of State, in its decision dated 08.05.2012 and numbered E. 2008/9080,
K. 2012/965
5
, considered (after analyzing the effects of such information
exchange in the market) information exchanged between competitors as
against competition since it might negatively influence the competition.
Vertical Relations.
Where there is a vertical relationship between the
parties, they are in principle not competitors since they are not active
in the same market. Nevertheless, even in such a situation, the Board
analyses information exchanged between the parties considering that
such an exchange may distort competition in the market where the
receiving party is active. The Board, in its decision dated 03.05.2012
and numbered 12-24/675-195
6
, analyzed whether information exchanged
2
For information about the decision, see
PISMAF, Samil
, İktisadî ve Hukukî Açıdan
Teşebbüsler Arası Bilgi Paylaşımı, Rekabet Kurumu Uzmanlık Tezleri Serisi, No. 280,
Ankara 2012, p. 79.
3
To reach the decision, see the following link:
http://www.rekabet.gov.tr/default.aspx?nsw=tfjcBAxVih5pUKigR05EaA==-H7deC+LxBI8=&nm=90 (accessed on: 21.03.3013).
4
To reach the decision, see the following link:
http://www.rekabet.gov.tr/default.aspx?nsw=tfjcBAxVih5pUKigR05EaA==-H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013).
5
To reach de decision, see the following link:
http://www.rekabet.gov.tr/default.aspx?nsw=c30JfvlYGh59eUsyDmy7wg==-H7deC+LxBI8=&nm=251 (accessed on: 21.03.2013).
6
To reach the decision, see the following link: