Türkiye İş Makinaları
Distribütörleri ve İmalatçıları
Birliği ("IMDER") applied to the
Turkish Competition Board ("Board")
under Article 5 of the Turkish Competition Act No. 4054
("TCA"), requesting either a negative
clearance or an individual exemption for a monthly information
exchange that would be conducted under the conditions that at least
three undertakings participate and that none of the
participants' data represents more than 40% of the consolidated
data. In its decision rejecting IMDER's request, the Board
provided some indications on the necessary conditions for
information exchange to qualify for exemption.1
A. Background
In its decision in IMDER-I2, the Board
reviewed IMDER's application for negative clearance/individual
exemption concerning monthly, quarterly, and annual reports
containing strategic data on the sales and rentals of construction
and industrial machinery, which were to be shared with IMDER's
members. The Board concluded that the
