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COMPETITION LAW 135
between the supplier and its retailer would lead to coordination between
retailers and decided that the information exchanged did not create a
distortion of competition since the information exchanged between the
parties (the supplier and the retailer) would not lead to any coordination
between retailers. This decision is important with regards to information
exchanged between suppliers and retailers.
Form of the Information Exchanged
The information exchange between parties may be direct, indirect
and regular.
Direct Information Exchange. Direct information exchange is
the easiest form of information exchange that may be detected by the
Board. Therefore, there are a limited number of Board decisions on direct
information exchange between competitors. For example, the Board, in
its decision dated 16.06.2009 and numbered 09-28/600-141 7, considered
the direct exchange of detailed domestic and foreign quantities of sale,
monthly import quantities and similar information between Erdemir and
Borçelik as anticompetitive.
Indirect Information Exchange. Indirect information exchange is
the most common way to exchange information. Indirect information
may be exchanged either through statistical or general information or
through associations of undertakings.
• The Board prohibits every kind of statistical or general information
exchange between competitors that may inform them of each
other’s future behavior. The Board first approached this subject
in its decision dated 08.08.2002 and numbered 02-47/586-M8,
where it considered anticompetitive any kind of statistical or
general information exchange which would prevent undertakings
from determining their future behavior “on the basis of factors
H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013).
7 To reach the decision, see the following link:
H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013).
8 For detailed information on the decision, see footnote 2.