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COMPETITION LAW 141
holds that prospective information exchange is prohibited31 , it
states in other decisions that retroactive information exchange may
also create future coordination between competitor undertakings
within a dynamic process32 .
Unilateral Information Exchange
The Board, in its recent decisions, to determine whether there is
a unilateral exchange of information, examines the behavior of the
undertaking receiving the information and decides that competition is
violated where the undertaking receiving the information does not to
the information. Further, the Board, where the information exchanged
is in written form, such as an electronic mail, looks for an immediate
answer from the objecting counterpart. The same principle is also applied
to verbal information exchanges such as in meetings. In such cases, the
Board examines whether the participants have directly objected to the
information exchanged (and recorded their opposition in the minutes of
the meeting) 33 .
The Presumption of Information Exchange
As mentioned above, the 13th Chamber of the Council of State, in
its recent decision dated 08.05.2012 and numbered E. 2008/9080, K.
2012/965, decided that as long as it is not established that the exchange
of information between parties will not influence their future decisions,
it will be assumed that said exchange will result in coordination between
31 For instance, Board decision dated 08.08.2002 and numbered 02-47/586-M and Board
decision numbered 09-41/998-M. For information about the decision, see PISMAF, p. 79 and
83. Additionally, see decision of the 13th Chamber of the Council of State dated 08.05.2012
and numbered E. 2008/9080, K. 2012/965. For information about the decision, see footnote
5.
32 For instance, see Board decision dated 20.09.2007 and numbered 07-76/907-345,
H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013).
33 For instance, see Board decision dated 11.04.2007 and numbered 07-31/325-120,
H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013) or Board decision dated 18.04.2011
and numbered 11-24/464-139,
H7deC+LxBI8=&nm=90 (accessed on: 21.03.2013).