ERDEM-NEWSLETTER-2018-metin

105 COMPETITION LAW of the new legislation 3 provisions, and that “ the simultaneous price increase of all insurance companies may indicate an agreement that involves a breach in terms of competition law. ” The complainants, due to the legal developments in the past few years, stated that “ the high amounts of motor vehicles insurance premiums that are paid have driven consumers to avoid getting mo - tor vehicles insurance,” and it is claimed that “this has rendered the undertakings that operate in the international transportation sector incapable to compete with vehicles that have foreign license plates .” Furthermore, the complainants emphasized that there are signifi- cant differences among insurance companies regarding the premium/ price offers offered by certain companies, and that a loophole has emerged to the detriment of the consumers because some companies make concerted offers. They stated that when this loophole was ex- amined thoroughly, the possibility of market sharing among insurance companies was indicated. 3 Pursuant to the General Terms on Motor Vehicles Compulsory 3rd Party Liability Insurance (OG, 14.05.2015, No. 29355); the Highway Traffic Law (13.10.1983, No. 2918); the rules and procedures regarding the related persons’ rights and ob- ligations in terms of Motor Vehicles Compulsory 3rd Party Liability Insurance, which is stipulated for the legal liability of the operators of motor vehicles, are revised. The General Terms on Motor Vehicles Compulsory 3rd Party Liability Insurance (OG, 12.08.2003, No.25197) is abrogated. In the 186th paragraph of the Decision, the following view is presented: “ In the General Terms published by the Undersecretariat of the Treasury in June, 2015, the loss of value is also included in the material losses coverage, and that the losses that are occurred directly in the patrimony of a person, is also covered within the scope of the aforementioned coverage. As a matter of fact, as explicitly stated in the Highway Traffic Law, “suffering a loss” is within the scope of the coverage and any kind of losses that a person suffers due to an accident, in other words, the losses occurred in the patrimony of a person, that are not the direct re - sult of an accident, are not included within the scope of the coverage. As a result, it is intended to eliminate uncertainty, and to unify compensation content by way of including loss of value and its calculation formula in the General terms. Never - theless, the related item of loss was considered within the scope of compensation in the calculated compensation payments by the courts beginning in 2000, and this item was not included with the General Terms. Hence, considering the fact that insurance companies have been paying compensation for loss of value since that time, loss of value should not be regarded as a new item of expense ”.