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ARTICLE · 05 SEPTEMBER 2022

Got A Secret? Can You Keep It? –Evolution Of TCA's Interpretation Of Information Exchanges

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
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Information exchange continues to be one of the hot topics of Turkish competition law with each passing day.

TurkeyAntitrust/Competition Law
Zeynep Şengören
Zeynep Şengören
Aslı Ak
Aslı Ak
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Information exchange continues to be one of the hot topics of Turkish competition law with each passing day. It was long before the Turkish Competition Board ("Board") considered information exchange merely as a facilitating factor in cartel agreements and not a competition law infringement. As currently, the Board has put information exchanges under scrutiny. Following up on the Turkish Competition Authority's ("TCA") inclinations and assessments are now more important than ever.

How did it all start?

Initially, the Board considered information exchange a facilitating factor in pursuing an existing cartel agreement between competing undertakings. Thus information exchange by itself was not regarded as an infringement under Turkish competition law. Board's ever first analysis of information exchange dates back to 1998, when it introduced structural changes to an information exchange that was to take place between undertakings in the cement industry. In its analysis

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