The exchange of information between competitors is not regulated
under Turkish law. This subject was recently handled within the
Guidelines Project on the Application of Articles 4 and 5 of the
Act No. 4054 on the Protection of Competition in Horizontal
Cooperation Agreements ("Guidelines")1.
However, the Guidelines have not been published yet.
In the absence of a legal framework, Competition Board
("Board") decisions should be taken into account
concerning information exchange, since the Board has given multiple
decisions regarding information exchange and has thus opined on the
principles of information exchange for more than ten years.
Parties to the Information Exchange
It can be observed that the parties to information exchange
differ according to the horizontal or vertical relationship between
the parties.