This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Turkish Airlines and Kuveyt Turk exemption decision [1] in which the Board determined that the "THY Frequent Flyer Program Miles&Smiles Credit Card Cooperation Agreement" (“Agreement”) cannot be issued a negative clearance certificate pursuant to Article 8 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) or benefit from block exemption under the Block Exemption Communiqué No. 2002/2 on Vertical Agreements (“Communiqué No. 2002/2”), but may be granted individual exemption for a period of five years within the scope of Article 5 of the Law No. 4054. Background Two types of credit cards offer free or discounted airline transportation to end consumers. First is the Frequent Flyer Programme
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The Turkish Competition Authority grants an individual exemption for five years to a “frequent flyer cooperation agreement” between a national airline and a bank (Turkish Airlines / Kuveyt Turk)
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