PRESIDENCY OF THE COMPETITION AUTHORITY
NEGATIVE CLEARANCE/ INDIVIDUAL EXEMPTION
NOTIFICATION FORM
Before answering the following questions, please state whether your form is a NEGATIVE CLEARANCE APPLICATION or INDIVIDUAL EXEMPTION NOTIFICATION by marking one of the below choices "A" or "B".
- NEGATIVE CLEARANCE APPLICATION ("Application")
Application pursuant to the Article 8 of the Law No. 4054 on Protection of Competition ("Law No. 4054") in order to assess whether the agreement, decision or concerted practice constituting the subject of this form ("Agreement, Decision or Concerted Practice") complies with the Articles 4, 6 and 7 of the Competition Law.
- INDIVIDUAL EXEMPTION NOTIFICATION ("Notification")
Notification pursuant to the Articles 5 and 12 of the Law No. 4054 in order to exempt the Agreement, Decision or Concerted Practice from the application of Article 4 of Law No. 4054.
1. Identification of the Parties
- Please provide the following information for the applying / notifying undertaking(s) or associations of undertakings:
|
Name-Title |
Address |
Telephone and Fax Numbers, Web Pages |
Capital Distribution (%) |
Members of the Board of Directors |
Members of the Board of Supervisors |
Name, authorized persons and contact information of the associations of undertakings (or chambers, societies etc.) to which the undertaking is a member of |
1.2. Please provide the following information if the Application/ Notification is filed by a representative:
|
Name and Surname of the Representative |
Address |
Telephone and Fax Numbers, E-Mail address |
1.3. Please provide the following information for each undertaking which is either a party to or within the scope of the Agreement, Decision or Concerted Practice:
|
Name-Title |
Address |
Areas of Practice |
1.4. Please provide the following information of an authorized person of each undertaking which is either a party to or within the scope of the Agreement, Decision or Concerted Practice:
|
Name-Title of the Undertaking |
Name and Surname of the Authorized Person |
Position of the Authorized Person |
Address |
Telephone and Fax Numbers, E-Mail address |
1.5. Information regarding the Group
|
For the purposes of this form, group relation stands for the following circumstances; – Possession of more than half of the capital or the commercial assets of another undertaking; or – Being authorized to use more than half of the voting rights of another undertaking; or – Being authorized to appoint more than half of the members of the board of directors, board of supervisors or legally representing bodies of an undertaking; or – Having the right to manage/ control the activities of another undertaking. |
If the undertaking(s), which are party to the Agreement, Decision or Concerted Practice, are belonging to a group, please provide the following information in relation to the group:
|
Name-Title |
Sector(s) of Practice |
Turnover |
2. Information regarding the Agreement, Decision or Concerted Practice
2.1. Please provide information on the characteristic, scope and purpose of the Agreement, Decision or Concerted Practice.
2.2. Does the Agreement, Decision or Concerted Practice include any provisions or effects prohibiting its parties to take independent commercial decisions concerning matters such as:
- purchase or sale prices, discounts or other commercial conditions,
- the amount of goods or services that would be produced or distributed,
- technical developments or investments,
- selection of markets or sources of supply,
- purchases or sales to/from third parties,
- implementing similar terms to the supply of equivalent goods or services,
- offering different services together or separately
Please provide information regarding provisions of the agreement and their potential effects such as abovementioned matters.
3. Information regarding Relevant Market
|
Relevant market is comprised of relevant product market and relevant geographic market. All goods and/ or services deemed by the consumer as substitutable in respect of quality, prices and intended use constitute the relevant product market. The factors listed below may be considered while defining the relevant product market: – the degree of physical similarity between the products, – intended uses of the products, – price differences between two products, – for producers or consumers the cost for switching from one product to the other, – consumer preferences. Territories where the relevant undertakings' are active for the supply and demand of their products and services, where the conditions of competition are sufficiently homogenous and especially the conditions of competition are significantly different of the adjacent territories constitute the relevant geographical market. The factors listed below may be considered while defining the relevant geographic market: –structure and qualities of the products, –existence of entry barriers or consumer preferences, – significant differences in market shares of undertakings or major price differences between the adjacent territories, and – transportation costs. |
3.1. In the light of the abovementioned information, please define the relevant product market(s) affected by the Agreement, Decision or Concerted Practice, on which, in your opinion, the Competition Board's assessment of this Application/ Notification should be based on. Answers should clarify how the abovementioned factors are considered. In addition to the relevant product market(s), please list goods and services that could be affected directly or indirectly from the Agreement, Decision or Concerted Practice.
3.2. Please define the relevant geographic market(s) affected by the Agreement, Decision or Concerted Practice, on which, in your opinion, the Competition Board's assessment of this Application/ Notification should be based on. Answers should clarify how the abovementioned factors are considered.
3.3. For each party, please list every undertaking that belongs to the same group of companies and is active in the abovementioned relevant product market as well as in the downstream and upstream markets.
4. Information regarding Parties, Competitors and Customers in the Relevant Product Market
(When answering the following questions please consider the whole group of companies that the parties belong)
4.1. For the last three years please provide information regarding market shares of the whole group of companies that the parties belong to in the relevant product market and relevant geographic market. (Market shares for the answers provided under this question can be calculated by considering sales value (in terms of TL) or sales amount. The sales value (in terms of TL) or the total size of the market with regard to sales amount and the sales values (in terms of TL) or sales amount of each of the parties in this extent of the market that are used for the calculation of the market share shall be provided. The sources of these information (e.g. official statistics, studies of independent research companies, guesstimates etc.) should be also indicated and the copies of the relevant pages of these sources should be also submitted.)
4.2. Please provide following information regarding the five largest competitors of the parties in the entire relevant market(s):
|
Name-Title |
Address |
Telephone and Fax Numbers |
Name and Surname of the Authorized Person |
Market Share in the Entire Relevant Markets |
(The sources of the information (e.g. official statistics, studies of independent research companies, guesstimates etc.) should be also indicated and the copies of the relevant pages of these sources should be also submitted, when providing competitors' market shares.)
4.3. Please provide information regarding the five largest customers of each party in the entire relevant market(s):
|
Name-Title |
Address |
Telephone and Fax Numbers |
Name and Surname of the Authorized Persons |
5. Information regarding Entry Barriers and Potential Competition
5.1. Which factors are affecting the entry to relevant product market(s)? In other words, what are the barriers to enter into this/these relevant product market(s)? While responding this question, following factors should be considered where appropriate:
- Legal entry barriers (requirement of authorization, requirement of complying with particular standards, legal or regulatory controls etc.),
- Raw material supplies,
- Scope and duration of supply and distribution agreements in the market,
- Importance of research and development activities and particularly patent, know-how and other rights and relevant licenses in the market,
- Existence of economies of scale/ scope in the market,
- Total cost of entry as a significant competitor (investment, research and development, setup of a distribution system, advertisement costs etc.),
- Installed capacity and capacity usage rates.
5.2. Which factors are affecting the entry to the relevant geographic market(s)? While responding this question, following factors should be considered where appropriate:
- Transportation costs,
- Sufficiency of existing distribution and retail options,
- Legal commercial barriers such as tariff, quota and import ban,
- Specifications or technical requirements,
- Procedures for purchase and supply of goods,
- Consumer preferences regarding existing brands or products.
5.3. Was there an undertaking that newly entered the relevant market within the last three years? If so, please provide name, address, telephone and fax numbers and approximate market shares in relevant market(s), as well as name and surname of an authorized person of this undertaking to be contacted in case of necessity.
6. Information regarding Grounds for Application/ Notification
6.1. If you are applying for a negative clearance, please explain the reasons for an assessment under Law No. 4054 for negative clearance. Please explain by including respective reasons whether the Agreement, Decision, or Concerted Practice bears the object of hindering, distorting or restricting competition directly or indirectly in a particular market for goods or services, or results, may result or has the potential of resulting such effect.
6.2. If you are applying for an Individual Exemption, explain by including relevant reasons as to why the Agreement, Decision or Concerted Practice should be exempted in your opinion by taking the following questions in consideration.
- 6.2.1. Please specify in which aspects the Agreement, Decision or Concerted Practice provides or will provide new development and improvement or economic or technical development in the production or distribution of goods and offering of services. Present or future appearance of such favorable effects need to be explained. Parties' studies regarding such favorable effects need to be annexed to the Notification.
- 6.2.2. Please specify how the consumers are benefiting or will benefit from the developments and improvements that result or will result.
- 6.2.3. Please specify why competition is not or will not be eliminated in a substantial part of the relevant market.
- 6.2.4. Please specify why the Agreement, Decision or Concerted Practice is not or will not limit more than required to provide benefit to the consumer and to gain the abovementioned results.
6.3. If your application for Negative Clearance is rejected by the Board, do you request your application to be considered as a notification for exemption?
6.4. Please provide other issues that you would like to state about the Agreement, Decision or Concerted Practice.
7. Information regarding the Annexes of the Application/ Notification
In addition to information provided above,
7.1. Please enclose a copy of the signed final version of the Agreement or Decision that concerns this Application/ Notification together with its annexes.
7.2. Please enclose the annual reports showing parties' activities, balance sheets, income statements and accounts for the latest three years.
7.3. Please provide the plans, market researches and relevant studies conducted by the parties or third parties containing information such as market and competitive conditions, existing and potential competitors.
7.4. Please also enclose, if available, the CD, containing the notification/application form and annexes of the notification/application.
We declare the above provided information on the Application/ Notification Form as correct and complete.
Date
Signature
