ERDEM-NEWSLETTER-2018-metin

110 NEWSLETTER 2018 The related geographical market is determined as “Turkey” con- sidering the fact that motor vehicles insurance that is examined within the scope of the investigation is provided naionwide by the undertak- ings that have been investigated 23 . Claims on Common Price Increases No evidence was obtained in on-site examination in relation to the claims that the undertakings operating in the sector increased the motor vehicles insurance premiums, collectively, nor that the undertak- ings acted through an agreement and/or in concerted practices within the framework of Article 4 of the Competition Act 24 . It was stated that it is difficult to determine premiums as an indicative element as there are many factors that influence the calculations in the determination process of motor vehicles insurance premiums by the AIRCT, and the weight given by companies to these factors differ from each other 25 . In the decision, it is emphasized that in contrast to concerted practices, the investigated undertakings “ have developed new strate - gies to avoid any loss upon the increases in expenses , ” “ they have constructed their competitive strategies not only to reach the highest market shares , but to produce policies in determined numbers in ac- cordance with profit and loss analyses,” and it is stated that “ in the event that the planned number of policies are reached, or the losses are foreseen, the undertakings that hesitate to take more risks make pricing on the average premiums???, as they may not avoid issuing policies pursuant to the related legislation. ” Market Sharing Claims It has been claimed that there are substantial differences between premium/price offers of different undertakings for the same vehicle, some undertakings present concerted offers, some undertakings pres- ent very high premium offers or, despite legal obligations, do not make any offer at all in order to avoid issuing an insurance policy and, there- 23 Para. 114, Decision. 24 Para. 572, Decision. 25 Para. 204, Decision.