Share on LinkedInShare on LinkedIn

ARTICLE · 15 MARCH 2017

The Board Published Its Decision on "the Standardized and Binding Framework Agreement Published by the Banks Association of Turkey"

ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
Contributor
ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The...

View firm profile
Explore more from ELIG Gürkaynak Attorneys-at-Law

The Board published its reasoned decision concerning the request for negative clearance for the "Standardized and Binding Framework Agreement" ("SBFA"), published by the Banks Association of Turkey ("BAT").

TurkeyAntitrust/Competition Law

The Board published its reasoned decision concerning the request for negative clearance for the "Standardized and Binding Framework Agreement" ("SBFA"), published by the Banks Association of Turkey ("BAT"). The Board refused to grant negative clearance to the SBFA, as it was found to include anti-competitive restrictions within the meaning of Article 4 of Law No. 4054. The Board did not grant an individual exemption to the SBFA either, as it did not fulfill the cumulative conditions for individual exemption, as set forth in Article 5 of Law No. 4054[1].

BAT applied for negative clearance for the SBFA, which would be put into mandatory use by each member bank of BAT for providing individual banking services to their customers. BAT's application focused on the following arguments: Firstly, BAT argued that existing legislations already regulated the types of banking services included in the current banking services agreements ("BSAs"). Thus, by excluding the parts

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from