ERDEM-NEWSLETTER-2018-metin

107 COMPETITION LAW 5684 9 , which generally stipulates insurance activities, insurance com- panies must become members of the Association of the Insurance and Reinsurance Companies of Turkey (“AIRCT”), which is qualified as a public institution, through payment of an entrance fee 10 . An investigation was opened by the Board, based on the report that had been drafted upon a preliminary investigation, with respect to 32 insurance companies operating in the field of motor vehicles insurance and the AIRCT, in order to determine whether they breached Article 4 of the Competition Act by means of a collective increase in motor vehicles insurance premiums. The subject of the investigation is motor vehicles insurance that is provided within the scope of non-life insurance in the insurance sector. Motor vehicles insurance envisaged under the Insurance Law is a type of mandatory insurance that the operators of motor vehicles are required to obtain 11 . Analysis Pursuant to Article 4 of the Competition Act, “ Agreements and concerted practices between undertakings, and decisions and prac - tices of associations of undertakings whose object, or effect, or likely effect is the prevention, distortion, or restriction of competition , di - rectly, or indirectly, in a particular market for goods or services, are illegal and prohibited. ” According to sub-paragraph (a) of the second paragraph of the same Article, “ Fixing the purchase or sale price of goods or services, ” and pursuant to sub-paragraph (b) “ Allocation markets for goods or services, and sharing or controlling all kinds of market resources or elements,” are considered to be illegal acts 12 . The said investigation that concerns the motor vehicles insurance market examines the claims regarding “fixing price ” and “market/ 9 OG, 03.06.2007, No. 26552. 10 Para. 66, Decision. 11 Para. 67, Decision. 12 Para. 537, Decision.