Industry Association Competition Policies

Industry associations and unions are places where competitors meet regularly, which is why the Competition Board pays them particular attention. A decision taken by the association, a recommendation sent to members or information shared at a meeting can lead to fines for both the association and its members. We put in place policies and rules of practice so that associations and unions can carry out their activities in line with competition rules.

What is a decision of an association of undertakings?

In competition law, associations, unions, chambers and similar bodies are called associations of undertakings. Law No. 4054 prohibits their decisions and actions that restrict competition. A decision does not have to be binding: a price recommendation to members, a common understanding reached at a meeting or an announcement published by the association may also be an infringement.

The most common risks are recommendations on prices, discounts or profit margins; sharing current price, cost, capacity or customer information among members; calls not to deal with certain firms; and admission criteria that make it harder for competitors to join.

What information can be shared within an association?

As a rule, historical, aggregated statistics that do not allow individual companies to be identified; sector data compiled by an independent body; and topics such as legislation, technical standards and relations with public authorities can be shared. Company-specific information on current or future prices, production and marketing plans should not be shared.

Scope

Setting competition law policies for industry associations
Preparing protocols on meeting agendas, minutes and meeting rules
Designing the association’s statistics and data collection in line with competition rules
Training for association executives and members

How We Work

Reviewing the association’s articles, membership rules and past decisions and announcements
Assessing meeting practice and the flow of information between members
Drafting the competition law policy and the meeting protocol
Restructuring statistical work so that it is independent and aggregated
Briefings for the board and the members

Team

Hasan Çakan Partner

Frequently Asked Questions

What should we do if a competitor starts talking about prices at a meeting?

Object clearly to the discussion, ask for the objection to be recorded in the minutes and leave the meeting if the discussion continues. In the Board's practice, remaining silent may be interpreted as taking part in what was discussed.

Is it mandatory for an association to have a competition policy?

It is not a legal requirement. However, a written policy, setting the agenda in advance and recording meetings in minutes are the most effective ways for the association and its members to show that they comply with competition rules.

Who is fined in the event of an infringement?

Administrative fines may be imposed separately on the association of undertakings and on the member companies that took part in the infringement. Saying that it followed the association's recommendation does not relieve a member company of liability.

Can an association publish industry statistics?

Yes, if they are designed correctly. The data should be historical and aggregated, should not allow individual companies' figures to be identified and, where possible, should be compiled by an independent body.

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