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ARTICLE · 18 NOVEMBER 2019

Mobile Network Operators Are Granted Exemption For Cooperation At Infrastructure Level

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
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Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership (BASEAK) is an Istanbul-based...

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While evaluating the notified agreement, the TCA followed the process of the individual exemption assessment.

TurkeyAntitrust/Competition Law

The Turkish Competition Authority ("TCA") granted exemption to an agreement which allows mobile network operators ("MNO") to cooperate at the infrastructure level. Three MNOs1 which cover the whole mobile network market had filed an exemption application to the TCA in 2018 and the exemption decision has published lately on the TCA's website2. The scope of the agreement includes sharing passive elements of network infrastructure such as sites, cabinet, power, air-conditioning, etc3.

Actually, there are sector specific regulations that allow MNOs to share their passive network elements in order to reduce cost and avoid duplications. However, these regulations are based on meeting the formal requests of the operators and lack of details in terms of implementation. As mentioned by the MNOs such a structure creates uncertainties and demotivate the parties to cooperate. Moreover, the regulations are based on individual requests of the operators and they have to file a

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