152 / 473
COMPETITION LAW
139
Nature of the InformationExchanged.
According toBoard decisions,
information exchanges conducted by undertakings to help them make
decisions
“on the basis of factors other than individual preferences
22
or
which prevent undertakings
“from taking individual economic decisions”
23
(strategic information exchange) are prohibited. Additionally, in some
of its decisions the Board did not consider the exchange of strategic
information between the parties a violation of competition
24
.
When determining the existence of a strategic information exchange,
the Board considers both the content of the information and the time
period to which the information is related.
• Content of the Exchanged Information.
Even though the Board
does not define strategic information, it gives some indication
as to what can be deemed strategic information. The following
information is accepted as strategic information:
o Information related to prices, capacity utilizations, production
quantities and customer based sales quantities
25
;
o Information related to detailed sales prices and quantities of
brands as per provinces, regions and sub-segments as well as
information related to market shares
26
;
o Information related to monthly production numbers, payments
made for rawmaterials and sub-industries as well as information
related to paid taxes and wages on the basis of each sub-model
27
;
22
Letter of the Competition Authority to the Turkish Cement Manufacturer’s’ Association
dated 15.05.1998. For information about the letter, see footnote 9.
23
Board decision dated 09.09.2009 and numbered 09–41/998–255. For information about the
decision, see footnote 18.
24
For detailed information, see Board decision dated 24.06.2009 and numbered 09-30/637-
150. The existence of exchange of strategic information is stated in the dissenting opinion,
http://www.rekabet.gov.tr/default.aspx?nsw=tfjcBAxVih5pUKigR05EaA==-H7deC+LxBI8=&nm=90 (access on: 21.03.2013).
25
Board decision dated 04.07.2007 and numbered 07-56/672-209. For information about the
decision, see footnote 15.
26
Board decision dated 15.04.2004 and numbered 04-26/287-65. For information about the
decision, see footnote 17.
27
Board decision dated 20.09.2012 and numbered 12-44/1350-455. For information about the
decision, see footnote 13.