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other than individual preferences”
. There are multiple decisions
of the Board on this subject
9
.
• The Board also examines information exchanged through
associations of undertakings and prohibits information exchanges
that may influence undertakings’ future decisions. Within this
scope, the Board, in its decision dated 08.02.2002 and numbered
02-07/57-26
10
, decided that information was exchanged between
parties throughmeetings held in the association of undertakings and
through monthly statistical bulletins. The Board also emphasized
in its decision dated 25.11.2009 and numbered 09-57/1393-362
11
that the association of undertakings facilitated the infringement
of competition by sharing its work on the calculation of the total
production amount of the association members with undertakings.
Regular Information Exchange.
It can be observed, in light of
Board decisions, that the Board considers regular information exchange
as anticompetitive. The Board, in its decision dated 20.09.2012 and
numbered 12-44/1350-455
12
, considered skeptical, from the point of view
of competition law, the exchange of information consisting of
“monthly
sales data”
(considering that information was exchanged at regular
short intervals). There are a lot of decisions where the Board attentively
considers monthly information exchanges
13
. Furthermore, the Board also
examines whether information exchanges between parties continued
for a prolonged period. The Board, in its decision dated 04.07.2007 and
9
For instance, see the Board decision dated 04.07.2012 and numbered 12-36/1040-
328,
http://www.rekabet.gov.tr/default.aspx?nsw=tfjcBAxVih5pUKigR05EaA==-H7deC+LxBI8= &nm=90 (accessed on: 21.03.2013).
10
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).
11
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).
12
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).
13
For instance, see Board decision dated 04.07.2012 and numbered 12-36/10040-328. For
information about the decision, see footnote 10.