The Board approved the transaction regarding the acquisition of the sole control over Toshiba Corporation by Japan Industrial Partners, Inc. (22.06.2023; 23-28/536-181)

The Competition Board (the "Board") approved the transaction regarding the acquisition of the sole control over Toshiba Corporation by Japan Industrial Partners, Inc.

The Board approved the transaction regarding the establishment of a full-functional joint venture between Nestlé S.A. and PAI Partners S.à.r.l. regarding Nestlé S.A.'s frozen pizza business unit in Andorra, Belgium, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom, Austria, Portugal, Spain, and Switzerland (22.06.2023; 23-28/531-180)

The Competition Board ("Board") approved the transaction regarding the establishment of a full-functional joint venture between Nestlé S.A. and PAI Partners S.à.r.l. regarding Nestlé S.A.'s frozen pizza business unit in Andorra, Belgium, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom, Austria, Portugal, Spain, and Switzerland.

The Board approved the transaction regarding the acquisition of all shares and option rights of Rovio Entertainment Corporation by Sega Sammy Holdings Inc. through Sega Europe Limited through a public tender offer (20.7.2023; 23-32/627-210).

The Competition Board ("Board") approved the transaction regarding the acquisition of all shares and option rights of Rovio Entertainment Corporation by Sega Sammy Holdings Inc. through Sega Europe Limited through a public tender offer.

The Board approved the transaction regarding the acquisition of all shares and sole control of the Seagen Inc by Pfizer Inc. through its indirectly wholly-owned subsidiary, Aris Merger Sub, Inc. (20.7.2023, 23-32/618-207).

The Competition Board (the "Board") approved the transaction regarding the acquisition of all shares and the sole control over Seagen Inc by Pfizer Inc. through its indirect wholly-owned subsidiary, Aris Merger Sub, Inc.

The Board approved the transaction regarding the acquisition of the sole control over Viessmann Climate Solutions SE and its subsidiaries by Carrier Global Corporation (3.8.2023; 23-36/678-233).

The Competition Board (the "Board") approved the transaction regarding the acquisition of the sole control over Viessmann Climate Solutions SE and its subsidiaries by Carrier Global Corporation.

The Board approved the transaction regarding the establishment of joint venture by Mitsui Chemicals, Inc. and Asahi Kasei Corporation over non-woven fabric business units of Mitsui Chemicals, Inc. and Asahi Kasei Corporation (3.8.2023; 23-36/666-225).

The Competition Board ("Board") approved the transaction regarding the establishment of joint venture by Mitsui Chemicals, Inc. and Asahi Kasei Corporation over non-woven fabric business unit of Mitsui Chemicals, Inc. and Asahi Kasei Corporation.

The Board approved the transaction regarding the establishment of joint control over Celanese Corporation's Food Ingredients Business Unit by Celanese Corporation, (indirectly through its wholly owned subsidiary Celanese US Holdings LLC) and Mitsui & Co. Ltd (3.8.2023; 23-36/660-221).

The Competition Board ("Board") approved the transaction regarding the establishment of joint control over Celanese Corporation's Food Ingredients Business Unit by Celanese Corporation (indirectly through its wholly owned subsidiary Celanese US Holdings LLC) and Mitsui & Co. Ltd.

The Board approved the transaction regarding the acquisition of the joint control over Syneos Health Inc. by Veritas Capital Fund Management L.L.C., Elliott Investment Management L.P. and Patient Square Capital Holdings LLC (10.8.2023; 23-37/707-244).

The Competition Board (the "Board") approved the transaction regarding the acquisition of the joint control over Syneos Health Inc. by Veritas Capital Fund Management L.L.C., Elliott Investment Management L.P., and Patient Square Capital Holdings LLC.

The Board approved the transaction regarding the acquisition of the sole control over Toon Boom Animation Inc. by TPG, Inc. through Integrated Media Company, LLC (10.8.2023; 23-37/693-239).

The Competition Board (the "Board") approved the transaction regarding the acquisition of the sole control over Toon Boom Animation Inc. by TPG, Inc. through Integrated Media Company, LLC.

The Board approved the transaction regarding the acquisition of the sole control over Ellab A/S by Novo Holdings A/S (10.8.2023; 23-37/698-242)

The Competition Board (the "Board") approved the transaction regarding the acquisition of the sole control over Ellab A/S by Novo Holdings A/S.

The Board approved the acquisition of sole control of NeoGames S.A. by Aristocrat Leisure Limited through Anaxi Investments Limited (21.9.2023; 23-45/845-298).

The Competition Board ("Board") approved the acquisition of sole control of NeoGames S.A. by Aristocrat Leisure Limited through Anaxi Investments Limited.

The Board approved the acquisition of the joint control over Abu Dhabi National Oil Company P.J.S.C. (ADNOC) through the acquisition of a certain portion of its shares by OMV Aktiengesellschaft and its direct and indirect subsidiaries (7.9.2023; 23-41/789-278).

The Competition Board ("Board") approved the acquisition of the joint control over Abu Dhabi National Oil Company P.J.S.C. (ADNOC) through the acquisition of a certain portion of its shares by OMV Aktiengesellschaft and its direct and indirect subsidiaries.

The Board approved the transaction regarding the merger of Novozymes A/S and Chr. Hansen Holding A/S under Novozymes A/S (28.9.2023; 23-46/870-308).

The Competition Board ("Board") approved the transaction regarding the merger of Novozymes A/S and Chr. Hansen Holding A/S under Novozymes A/S.

The Board approved the transaction regarding the acquisition of endoluminal or endoscopic vacuum therapy business of B. Braun Surgical S.A. and Aesculap AG by Boston Scientific Corporation through its wholly owned subsidiaries Boston Scientific International B.V. and Boston Scientific Medical Device Limited (5.10.2023; 23-47/899-319)

The Competition Board ("Board") approved the transaction regarding the acquisition of endoluminal or endoscopic vacuum therapy business of B. Braun Surgical S.A. and Aesculap AG by Boston Scientific Corporation through its wholly owned subsidiaries Boston Scientific International B.V. and Boston Scientific Medical Device Limited.

The Board has pronounced its final decision on the full-fledged investigation conducted against certain undertakings due to gentleman's agreements in labour market. (2.8.2023)

The investigation conducted against certain undertakings to determine whether these undertakings violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") in labour market by way of gentlemen's agreements to non-solicitation for each other's employees was concluded.

  1. The Board decided that the following undertakings, for which the investigation continued, violated Article 4 of Law No. 4054 by way of being a party to an anti-competitive agreement and cannot benefit from the individual exemption within the scope of Article 5 of Law No.4054;
    1. Arvato Lojistik Dış Ticaret ve E-Ticaret Hizmetleri AŞ,
    2. Bilge Adam Yazılım ve Teknoloji Anonim Şirketi
    3. Binovist Bilişim Danışmanlık AŞ
    4. Çiçeksepeti İnternet Hizmetleri AŞ
    5. D-Market Elektronik Hizmetler ve Ticaret AŞ
    6. Flo Mağazacılık ve Pazarlama AŞ
    7. Koçsistem Bilgi ve İletişim Hizmetleri AŞ
    8. LC Waikiki Mağazacılık Hizmetleri Ticaret AŞ
    9. Sosyo Plus Bilgi Bilişim Teknolojileri Danışmanlık Hizmetleri Ticaret AŞ
    10. TAB Gıda Sanayi ve Ticaret AŞ
    11. Türk Telekomünikasyon AŞ
    12. Veripark Yazılım AŞ
    13. Vivense Teknoloji Hizmetleri ve Ticaret AŞ
    14. Vodafone Telekomünikasyon AŞ
    15. Zeplin Yazılım Sistemleri ve Bilgi Teknolojileri AŞ
    16. Zomato İnternet Hizmetleri Ticaret A.Ş
  2. Therefore, pursuant to Article 16(3) of the Law No. 4054, Articles 5(1)(a) and 5(2) of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position ("Regulation")
    1. and Article 7(1) of the same Regulation, the Board decided to impose an administrative monetary fine for the following undertakings based on their gross revenue generated at the end of the 2021 financial year determined by the Board:
      • TL 4,834,124.55 against D-Market Elektronik Hizmetler ve Ticaret AŞ,
      • TL 5,319,292.25 against Vodafone Telekomünikasyon AŞ and
      • TL 192,973.74 against Zeplin Yazılım Sistemleri ve Bilgi Teknolojileri AŞ,
    2. and Articles 5(3)(a) and 7(1) of the same Regulation, the Board decided to impose an administrative monetary fine for the following undertakings based on their gross revenue generated at the end of the 2021 financial year determined by the Board:
      • TL 2,159,522.60 against Arvato Lojistik Dış Ticaret ve E-Ticaret Hizmetleri AŞ,
      • TL 517,883.20 against Çiçeksepeti İnternet Hizmetleri AŞ,
      • TL 1,094,131.66 against Sosyo Plus Bilgi Bilişim Teknolojileri Danışmanlık Hizmetleri Ticaret AŞ,
      • TL 7,293,869.36 against TAB Gıda Sanayi ve Ticaret AŞ,
      • TL 1,218,089.30 against Vivense Teknoloji Hizmetleri ve Ticaret AŞ,
      • TL 41,022,658.16 against Türk Telekomünikasyon AŞ,
    3. and Articles 5(3)(a) and 7(1) of the same Regulation, the Board decided to impose an administrative monetary fine for the following undertaking based on their gross revenue generated at the end of the 2020 financial year determined by the Board:
      • TL 20,827.94 against Zomato İnternet Hizmetleri Ticaret AŞ,
    4. and Articles 5(3)(b) and 7(1) of the same Regulation, the Board decided to impose an administrative monetary fine for the following undertakings based on their gross revenue generated at the end of the 2021 financial year determined by the Board:
      • TRY 49,831.55 against Binovist Bilişim Danışmanlık AŞ,
      • TRY 2,183,227.89 against Bilge Adam Yazılım ve Teknoloji Anonim Şirketi,
      • TRY 18,021,702.86 against Flo Mağazacılık ve Pazarlama AŞ,
      • TRY 6,513,239.09 against Koçsistem Bilgi ve İletişim Hizmetleri AŞ,
      • TRY 59,590,457.10 against LC Waikiki Mağazacılık Hizmetleri Ticaret AŞ,
      • TRY 1,116,070.57 against Veripark Yazılım AŞ.
  3. The Board decided that since the Board could not find that the following undertakings violated Article 4 of the Law No. 4054 within the scope of the allegations in the case file, there is no need to impose an administrative monetary fine pursuant to Article 16(3) of the Law No. 4054
    1. 41 29 Medya İnternet Eğitimi ve Danışmanlık Reklam Sanayi Dış Ticaret AŞ,
    2. Anadolu Restoran İşletmeleri Ltd. Şti.,
    3. Doğuş Planet Elektronik Ticaret ve Bilişim Hizmetleri AŞ,
    4. Etiya Bilgi Teknolojileri Yazılım Sanayi ve Ticaret AŞ,
    5. Google Reklamcılık ve Pazarlama Ltd. Şti.,
    6. Grupanya İnternet Hizmetleri İletişim Organizasyon Tanıtım ve Pazarlama AŞ,
    7. Havas Worldwide İstanbul İletişim Hizmetleri AŞ,
    8. İş Gıda AŞ,
    9. Logo Yazılım Sanayi ve Ticaret AŞ,
    10. Meal Box Yemek ve Teknoloji AŞ,
    11. Migros Ticaret AŞ,
    12. Mobven Teknoloji AŞ,
    13. Mynet Medya Yayıncılık Uluslararası Elektronik Bilgilendirme ve Haberleşme Hizmetleri AŞ,
    14. Net Danışmanlık Eğitim ve Ticaret Ltd. Şti.,
    15. Noktacom Medya İnternet Hizmetleri San. ve Tic. AŞ,
    16. NTV Radyo ve Televizyon Yayıncılığı AŞ,
    17. Peak Oyun Yazılım ve Pazarlama AŞ,
    18. Pizza Restaurantları AŞ,
    19. Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret AŞ,
    20. Valensas Teknoloji Hizmetleri AŞ,
    21. Yeşil Vadi Tarım Gıda AŞ

The Board has pronounced its final decision on the full-fledged investigation conducted against DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (27.7.2023).

The Competition Board ("Board") completed the full-fledged investigation initiated with its decision dated 23.09.2021 and numbered 21-44/650-M to determine whether DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ ("Trendyol") violated Article 6 of Law No. 4054 with its online marketplace practices.

Following the deliberations on 26 July 2023, the Board decided that Trendyol had gained an unjust advantage in its retail operations by interfering with the algorithm and using the data of third-party sellers on the marketplace, and that these actions were of a nature to hinder the activities of its competitors, thus constituting a violation of Article 6 of Law No. 4054, as a result, the Board imposed an administrative fine.

The Board decided unanimously that:

  1. DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ holds a dominant position in the market for multi-category e-marketplace.
  2. DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ had gained an unjust advantage in its retail operations by interfering with the algorithm and using the data of third-party sellers on the marketplace, and that these actions were of a nature to hinder the activities of its competitors, thus constituting a violation of Article 6 of Law No. 4054.
  3. Therefore, DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ is subject to an administrative monetary fine of TRY 61,342,847.73, calculated based on its gross revenues generated in 2021, determined by the Board, in accordance with the provisions of Article 16, third paragraph of Law No. 4054 and Article 5, first and second paragraphs of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position ("Regulation on Fines").
  4. Under the first paragraph of Article 9 of the Law No.4054, DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ is required to take the following interim measures to terminate the violation specified in the second paragraph of Article 2 and ensure effective competition in the market:
    1. For its private label ("PL") products on its own e-marketplace (www.trendyol.com), DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ must refrain from any interventions, including algorithmic and coding interventions, which would provide an advantage compared to competitors.
      • The category information for PL should be separated from the main product table, main order table, and category tree and access to this information should be restricted to the data science search team.
      • Algorithms used, including ranking and scoring, must be applied equally for all sellers within the scope of the relevant algorithm, irrespective of the identity of the seller.
      • In cases where sales are made on behalf of DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ, a seller store should be created, and the "Follow Seller Store" feature should be activated, displaying the number of followers.
      • Manual intervention in the algorithm for the purpose of gaining an advantage over competitors' PL products should be avoided.
      • An internal policy should be established to prevent self-preferencing practices and shared with relevant team members.
    2. To refrain from the use of any kind of data obtained and generated/produced from marketplace activities for PL products related to its retail activities and to take all necessary technical, administrative, and organizational measures to ensure this, including but not limited to the following:
      • Separate teams should be maintained that manage PL products sold on the marketplace owned by DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ.
      • Data of third-party sellers selling on the marketplace owned by DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ should not be shared with the PL team, and these data should not be used in a way that provides an advantage for PL brands.
      • An internal policy should be established for data usage practices and shared with relevant team members.
    3. To retain, for 3 years, structural and parametric changes made to the algorithm models used for product ranking and brand filtering within the scope of marketplace activities in an unequivocal versioned manner.
    4. To retain, for 3 years, all codes related to the algorithms used for product ranking and brand filtering, as well as all codes that affect the algorithms used for product ranking and brand filtering in a versioned and unequivocal manner.
    5. To retain, for 3 years, user access and authorization records, as well as administrator audit records for all software used for the execution of business processes within the scope of marketplace activities, in an unequivocal manner.
    6. To complete the obligations specified in subparagraphs a, b, c, d, and e within 3 months from the notification of the reasoned decision to the undertaking, and to apply for an extension of the obligations, if any, to the Authority three months before the end of the three-year period.
    7. To submit compliance measures to the Authority to be prepared latest by one month before the end of the granted period.
    8. To submit periodic reports to the Authority on an annual basis for five years starting from the beginning of the implementation of the first compliance measure.
  5. In the event that DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ fails to fulfil the obligations specified in the fourth paragraph in a complete and timely manner, an administrative fine shall be imposed on a daily basis in accordance with the provisions of sub-section (a) of the first paragraph of Article 17 of Law No. 4054.

The Board launched a full-fledged investigation against Astor Enerji AŞ, Balıkesir Elektromekanik Sanayi Tesisleri AŞ, Eltaş Transformatör San. ve Tic. AŞ, Grid Solutions Enerji Endüstrisi AŞ, Hitachi Energy Turkey Elektrik Sanayi AŞ, and Kontrolmatik Teknoloji Enerji ve Mühendislik AŞ. (3.8.2023)

The preliminary investigation, concerning allegations of violation of Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by certain undertakings operating in the power transformer sector, has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation at its meeting dated July 13, 2023, the Board found the evidence to be both serious and adequate and through decision numbered 23-31/596-M, decided to launch a full-fledged investigation to determine whether Astor Enerji AŞ, Balıkesir Elektromekanik Sanayi Tesisleri AŞ, Eltaş Transformatör San. ve Tic. AŞ, Grid Solutions Enerji Endüstrisi AŞ, Hitachi Energy Turkey Elektrik Sanayi AŞ, and Kontrolmatik Teknoloji Enerji ve Mühendislik AŞ have violated Article 4 of Law No. 4054.

The Board launched a full-fledged investigation against Storytel Turkey Yayıncılık Hizmetleri Anonim Şirketi. (4.8.2023)

The preliminary investigation, concerning allegations that Storytel Turkey Yayıncılık Hizmetleri Anonim Şirketi violated Articles 4 and 6 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by hindering the entry of competing companies into the audiobook market through long-term exclusivity agreements with publishers and right-holders, has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation at its meeting dated April 6, 2023, the Board found that the relevant allegations and findings are serious and adequate and through decision numbered 23-17/301-M, decided to launch a full-fledged investigation against Storytel Turkey Yayıncılık Hizmetleri Anonim Şirketi.

The Board has pronounced its final decision on the full-fledged investigation conducted against certain undertakings operating in the fertilizer sector (4.8.2023).

The investigation conducted against certain undertakings operating in the fertilizer sector, concerning the allegations that Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") have been violated, has been completed.

Following the Competition Board's (the "Board") deliberation over the file on August 3, 2023, it has been decided that the undertakings subject to the investigation in the fertilizer sector did not violate Article 4 of Law No. 4054 and therefore, there is no need to impose an administrative fine on the said undertakings.

The Board has pronounced its final decision on the full-fledged investigation conducted against Nuh'un Ankara Makarnası Sanayi ve Ticaret AŞ and İs-Ra Gıda ve İhtiyaç Maddeleri Pazarlama Sanayi ve Ticaret AŞ (8.8.2023).

The Competition Board ("Board") completed the full-fledged investigation initiated to determine whether Nuh'un Ankara Makarnası Sanayi ve Ticaret AŞ and İs-Ra Gıda ve İhtiyaç Maddeleri Pazarlama Sanayi ve Ticaret AŞ have violated Article 4 of the Law No.4054 ("Law No. 4054") by way of determining the resale prices.

Following the Board's deliberation over the file on August 3, 2023, it has been decided that Nuh'un Ankara Makarnası Sanayi ve Ticaret AŞ and İs-Ra Gıda ve İhtiyaç Maddeleri Pazarlama Sanayi ve Ticaret AŞ did not violate Article 4 of Law No. 4054 by determining the resale prices, and therefore, there is no need to impose an administrative fine on the mentioned undertakings.

The Board has pronounced its final decision on the full-fledged investigation conducted against Samsung Electronics İstanbul Pazarlama ve Ticaret Limited Şirketi, LG Electronics Ticaret AŞ and SVS Dayanıklı Tüketim Malları Pazarlama ve Ticaret Limited Şirketi (9.8.2023).

The Competition Board ("Board") concluded the full-fledged investigation conducted upon the allegation that Samsung Electronics İstanbul Pazarlama ve Ticaret Limited Şirketi, LG Electronics Ticaret AŞ and SVS Dayanıklı Tüketim Malları Pazarlama ve Ticaret Limited Şirketi have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of determining the resale prices.

Following deliberation over the file on August 3, 2023, the Board decided that Samsung Electronics İstanbul Pazarlama ve Ticaret Limited Şirketi, LG Electronics Ticaret AŞ and SVS Dayanıklı Tüketim Malları Pazarlama ve Ticaret Limited Şirketi have violated Article 4 of Law No. 4054 by way of determining the resale price and imposed an administrative monetary fine pursuant to Article 16(3) of the Law No. 4054 and Articles 5(1)(a) and 5(2) of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position ("Regulation") calculated based on its gross revenues generated for 2021 as follows:

  • TRY 227,161,142.04 on Samsung Electronics İstanbul Pazarlama ve Ticaret Ltd. Şti.
  • TRY 1,984,907.00 on SVS Dayanıklı Tük. Mall. Paz. ve Tic. Ltd. Şti.
  • TRY 33,870,305.21 on LG Electronics Ticaret AŞ.

The Board has pronounced its final decision on the full-fledged investigation conducted against Arçelik Pazarlama AŞ (9.8.2023).

The full-fledged investigation conducted upon the allegation that Arçelik Pazarlama AŞ violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of determining the resale price, has been completed.

Following the deliberation over the file on August 3, 2023, the Competition Board (the "Board") determined that Arçelik Pazarlama AŞ has violated Article 4 of Law No. 4054 by way of determining the resale price and imposed an administrative fine of TRY 365,379,161.06 pursuant to Article 16(3) of the Law No. 4054 and Articles 5(1)(a) and 5(2) of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position ("Regulation") calculated based on its gross revenues generated for 2021.

The Board launched a full-fledged investigation against certain undertakings operating in the cosmetics and personal care products sector (17.08.2023).

The preliminary investigation, which is carried out to examine allegations that undertakings operating in the cosmetics and personal care products sector have violated Article 4 of the Law on the Protection of Competition ("Law No. 4054") by way of determining resale prices, restricting internet sales, and participating in a hub & spoke cartel, has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated April 13, 2023 and decided to launch an investigation into the following matters:

  • to determine whether CHI Kozmetik İthalat İhracat San. ve Tic. AŞ has violated Article 4 of Law No. 4054 by determining the resale prices for resellers, by way of its decision numbered 23-18/343-M(2);
  • to determine whether Ayaz ve Ortakları Ltd. Şti. has violated Article 4 of Law No. 4054 by participating in a hub & spoke cartel, by way of its decision numbered 23-18/343-M(3).
  • to determine whether Easyvit Sağlık Ürünleri Sanayi AŞ, operating in the cosmetics and personal care products sector, has violated Article 4 of Law No. by determining the resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(4);
  • to determine whether ELCA Kozmetik Limited Şirketi has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(5);
  • to determine whether Farmatek İç ve Dış Tic. AŞ. has violated Article 4 of Law No. 4054 by determining the resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(6);
  • to determine whether Cevher Kozmetik ve Sağlık Sanayi Ticaret AŞ, Glohe Bitkisel Ürünler San. ve Tic. AŞ and Kozmopol Kozmetik Sağlık Gıda San. ve Tic. AŞ. have engaged in a hub & spoke cartel and also whether Glohe Bitkisel Ürünler San. ve Tic. AŞ has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(7).
  • to determine whether Hamzaoğlu Kimya San. ve Tic. AŞ has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(8);
  • to determine whether L'Oreal Türkiye Kozmetik San. ve Tic. AŞ has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its numbered 23-18/343-M(9).
  • to determine whether Neolife İthalat İhracat AŞ has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its numbered 23-18/343-M(10).
  • to determine whether Rebul JCR Kozmetik Paz. AŞ violated Article 4 of Law No. 4054 by determining resale prices of its resellers, by way of its decision numbered 23-18/343-M(11);
  • to determine whether Sistem Kozmetik San. ve Tic Ltd. Şti. has violated Article 4 of Law No. 4054 by determining resale prices and restricting internet sales of its resellers, by way of its decision numbered 23-18/343-M(12).

The Board has also decided to conclude the investigations against:

  • Ashley Joy Kozmetik Tic ve San. AŞ, launched to determine whether it has violated Article 4 of Law No. 4054 by determining resale prices of its resellers, by way of its decision numbered 23-18/343-M(1) via settlement procedure,
  • Ege Teknoloji Kimya Mak. San. Tic. Ltd. Şti, launched by way of its decision numbered 23-18/343-M(3) to determine whether it has violated Article 4 of Law No. 4054 via settlement procedure in terms of engagement to a hub & spoke cartel and resale price maintenance and via commitment procedure in terms of restriction of internet sales,
  • Farmakozmetika Sağlık Ürünleri ve Kozmetik Tic. Ltd. Şti., launched to determine whether it has violated Article 4 of Law No. 4054 by engaging in a hub & spoke cartel, by way of its decision numbered 23-18/343-M(1) via settlement procedure.

The Board has pronounced its final decision on the full-fledged investigation conducted against Obilet Bilişim Sistemleri AŞ upon commitments (18.8.2023).

Pursuant to the decision of the Competition Board (the "Board") dated June 16, 2022, and numbered 22-27/433-M, an investigation was initiated against Obilet Bilişim Sistemleri AŞ based on allegations that Obilet Bilişim Sistemleri AŞ has violated Article 6 of Law No. 4054 by determining excessive commission rates for bus companies for ticket sales mediation services and excluding its competitors from the markets for ticketing software, bus ticket sales through platforms and distribution of travel data to platforms and has violated Article 4 of Law No. 4054 by way of the contracts that it entered into in the market for bus ticket sales through platforms. Subsequently, on October 13, 2022, new allegations were added to the scope of the file with the decision of the Board numbered 22-47/683-M.

While the investigation procedure was ongoing, Obilet Bilişim Sistemleri AŞ applied for initiation of a commitment process regarding competitive concerns within the file. In this context, upon the discussions held, Obilet Bilişim Sistemleri AŞ has submitted a commitment package to address competitive concerns that may arise due to its practices that may tie ticketing software services for bus transportation to bus ticket sales through platform services and the online advertising bans and communication bans that are stipulated in the agreements between Obilet Bilişim Sistemleri AŞ and competing platforms. Third parties were also consulted regarding this commitment package.

Following the commitment process, on June 15, 2023, after deliberations, the Board decided that the final commitment text submitted by Obilet Bilişim Sistemleri AŞ on May 30, 2023, with the number of 39157, were deemed adequate to address the competition issues identified within the file concerning Obilet Bilişim Sistemleri AŞ's behaviours that could potentially violate Articles 4 and 6 of Law No. 4054. Therefore, the Board decided with its decision numbered 23-27/521-177 to end the investigation being conducted against Obilet Bilişim Sistemleri AŞ as per its decisions dated June 16, 2022, numbered 22-27/433-M, and October 13, 2022, numbered 22-47/683-M, by rendering the final commitments binding on Obilet Bilişim Sistemleri AŞ and Biletal İç ve Dış Ticaret AŞ, which is under de facto control of Obilet Bilişim Sistemleri AŞ.

The detailed content of the approved OBİLET commitments will be included in the reasoned decision. Commitments submitted can be summarized as follows:

  1. OBİLET has prepared a sales agreement text that does not include software services for transporter firms that are using different ticketing software and started entering into with transporter firms. Under this model, transportation firms will only pay a Sales-Distribution-Marketing commission fee to OBİLET.
  2. If a transportation firm who is currently using OBİLET's ticketing software decides to use another software, this will not constitute a reason for suspending sales of that firm through OBİLET platform, and OBİLET will not engage in discriminatory or exclusionary behaviour against the transportation company.
  3. The suspension of a transportation firm's sales on the obilet.com platform will only occur if the transportation company violates the applicable legislation and fundamental obligations, regardless of the ticketing software used.
  4. OBİLET has developed a new business model and prepared a sample agreement for signing with firms which provide ticketing software services in terms of transmission of travel data to OBİLET. The service to be provided by the firms offering ticketing software services is determined solely as transmission of travel data. A commission fee will be paid by OBİLET to the relevant firms for transmission of travel data.
  5. OBİLET will not impose online advertising bans regarding the brands of transportation firms, which distributes travel data to competing online sales platforms.
  6. OBİLET will not impose comprehensive online advertising bans for OBİLET /BİLETALL brands to competing online sales platforms.
  7. The contract terms that prevent competing online sales platforms from communicating with transportation firms that distribute travel data are removed by OBİLET and contacts between competing online sales platforms and transportation firms that distribute travel data will not be prevented.
  8. In conjunction with commitment no. 7, according to the new business model developed by OBİLET transportation firms and online ticket sales platforms may agree by contacting directly and in such case OBİLET will just be responsible for transferring the travel data of relevant transportation firm. According to this business model, OBILET will not commit any discriminatory or exclusionary behaviour against transportation firms.
  9. OBİLET has added a reporting screen to its software that allows transportation firms to monitor the amount of ticket sold per platform in terms of the ticket sales of online ticket sales platforms that purchase services from OBİLET and OBİLET will not charge any fees for it from transportation firms or platforms in relation to this.
  10. OBİLET will make an announcement to transporter firms using the ticketing software to provide information about the commitments.

The Board launched a full-fledged investigation against Dentaş Kâğıt Ağaç Mamulleri ve Gıda Mad. Sanayi ve Ticaret AŞ, Güneş Kalıplı Basma Kutu Ambalaj San. ve Tic. AŞ, Güres Tavukçuluk Üretim Pazarlama Ticaret AŞ, Keskinoğlu Tav. ve Dam. İşi. San. Tic. AŞ and Özay Karton Ambalaj Gıda San. ve Tic. Ltd. Şti (19.8.2023).

The preliminary investigation conducted regarding allegations that undertakings operating in the egg tray production sector violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated April 13, 2023 and decision numbered 23-18/322-M, decided to launch a full-fledged investigation against Dentaş Kâğıt Ağaç Mamulleri ve Gıda Mad. Sanayi ve Ticaret AŞ, Güneş Kalıplı Basma Kutu Ambalaj San. ve Tic. AŞ, Güres Tavukçuluk Üretim Pazarlama Ticaret AŞ, Keskinoğlu Tav. ve Dam. İşi. San. Tic. AŞ and Özay Karton Ambalaj Gıda San. ve Tic. Ltd. Şti.

The Board launched a full-fledged investigation against Ak Gıda Sanayi ve Ticaret AŞ (20.08.2023).

The Competition Board ("Board") concluded the preliminary investigation conducted upon the allegation that Ak Gıda Sanayi ve Ticaret AŞ, operating as a producer/supplier in the fast-moving consumer goods sector have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated April 13, 2023, and decision numbered 23-18/321-M, decided to launch a full-fledged investigation against Ak Gıda Sanayi ve Ticaret AŞ.

The Board launched a full-fledged investigation against Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ. (21.8.2023)

The Competition Board ("Board") concluded the preliminary investigation conducted upon the allegation that Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ, operating as a producer/supplier in the fast-moving consumer goods sector have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated May 5, 2023, and decision numbered 23-20/384-M, decided to launch a full-fledged investigation against Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ.

The Board launched a full-fledged investigation against Namet Gıda Sanayi ve Ticaret AŞ (21.8.2023).

The Competition Board ("Board") concluded the preliminary investigation conducted upon the allegation that Namet Gıda Sanayi ve Ticaret AŞ, operating as a producer/supplier in the fast-moving consumer goods sector have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated May 18, 2023, and decision numbered 23-23/437-M, decided to launch a full-fledged investigation against Namet Gıda Sanayi ve Ticaret AŞ.

The Board launched a full-fledged investigation against Aksaray Unlu Mamulleri Gıda Sanayi ve Ticaret Limited Şirketi (22.8.2023).

The Competition Board ("Board") concluded the preliminary investigation conducted upon the allegation that Aksaray Unlu Mamulleri Gıda Sanayi ve Ticaret Limited Şirketi, operating as a producer/supplier in the fast-moving consumer goods sector have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated July 13, 2023, and decision numbered 23-31/594-M, decided to launch a full-fledged investigation against Aksaray Unlu Mamulleri Gıda Sanayi ve Ticaret Limited Şirketi.

The Board launched a full-fledged investigation against Meysu Gıda Sanayi ve Ticaret AŞ (22.8.2023).

The Competition Board ("Board") concluded the preliminary investigation conducted upon the allegation that Meysu Gıda Sanayi ve Ticaret AŞ, operating as a producer/supplier in the fast-moving consumer goods sector have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated June 7, 2023, and decision numbered 23-26/494-M, decided to launch a full-fledged investigation against Meysu Gıda Sanayi ve Ticaret AŞ.

The Board has pronounced its final decision on the full-fledged investigation conducted against Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret AŞ (17.8.2023).

The Competition Board ("Board") concluded the full-fledged investigation initiated to determine whether Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret AŞ violated Article 6 of Law No. 4054 by obstructing data portability in the real estate and vehicle sales/rental platform services.

The Board concluded that Sahibinden has created obstacles for corporate members to utilize multiple platforms by obstructing data transfers among them and by way of the foregoing as well as the non-competition obligations embedded in its agreements, has effectively imposed de facto and contractual exclusivity, thereby obstructing the operations of its competitors. Consequently, Sahibinden has been found in violation of Article 6 of Law No. 4054 due to the abuse of its dominant position, resulting in the imposition of an administrative monetary fine of TRY 40,150,533.15 on the undertaking.

The Board also decided that to impose the following obligations on Sahibinden in order to remedy the violation and ensure the establishment of effective competition in the market:

  • To be fulfilled within 3 months from the notification of the reasoned decision and to be presented to the Authority; the contract between Sahibinden and corporate members shall be revised in a way that would exclude the provisions that constitute the subject of the violation.
  • To be fulfilled within 2months from the notification of the reasoned decision and, no later than one month before the expiration of the granted period, to submit compliance measures that it prepared to the Authority to establish an infrastructure, enabling corporate members to effectively transfer real estate and vehicle listing data to competitor platforms as well as to keep this data up-to-date free of charge.
  • In cases where corporate members with memberships on competing platforms request Sahibinden to transfer their real estate and vehicle listing data from these platforms to Sahibinden platform and keep the listing data up-to-date on the Sahibinden platform and if this request is accepted by competing platforms, Sahibinden shall, without delay and free of charge, establish the infrastructure to enable members to transfer and keep the data up-to-date, ensuring that requests from competitor platforms are met seamlessly and effectively.
  • To verify whether the above matters have been carried out in accordance with the Board's decision, Sahibinden shall provide the process, both at the beginning and at the end, to the Competition Authority.
  • Sahibinden shall submit periodic reports to the Competition Authority every year for a period of 3 years, starting from the commencement of the first compliance measure.

The Board launched a full-fledged investigation against Canon Eurasia Görüntüleme ve Ofis Sistemleri A.Ş. (24.8.2023)

The Competition Board (the "Board") concluded the preliminary investigation conducted upon the allegation that Canon Eurasia Görüntüleme ve Ofis Sistemleri AŞ has violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of determining resale price maintenance of the Canon-branded products.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated May 11, 2023, and decision numbered 23-21/411-M, decided to launch a full-fledged investigation against Canon Eurasia Görüntüleme ve Ofis Sistemleri AŞ.

The Board launched a full-fledged investigation against Başkent Ankara Yayıncılık Eğitim Hizmetleri San. ve Tic. Ltd. Şti., Batuksan Eğitim Hizmetleri ve Yayıncılık Tic. AŞ, Bilfen Yayıncılık ve Tic. AŞ and Uzman Kariyer Kitabevi Yayın Dağıtım Eğitim ve Öğretim Hizmetleri Giyim Gıda Tic. Ltd. Şti (24.8.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted upon the allegation that Başkent Ankara Yayıncılık Eğitim Hizmetleri San. ve Tic. Ltd. Şti., Batuksan Eğitim Hizmetleri ve Yayıncılık Tic. AŞ, Bilfen Yayıncılık ve Tic. AŞ and Uzman Kariyer Kitabevi Yayın Dağıtım Eğitim ve Öğretim Hizmetleri Giyim Gıda Tic. Ltd. Şti. have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of interfering the resale prices of its distributors, preventing their passive sales, imposing restrictions on the regions or customers to which dealers can sell the goods or services covered by the contracts.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated June 22, 2023, and decision numbered 23-28/541-M decided to launch a full-fledged investigation against Başkent Ankara Yayıncılık Eğitim Hizmetleri San. ve Tic. Ltd. Şti., Batuksan Eğitim Hizmetleri ve Yayıncılık Tic. AŞ, Bilfen Yayıncılık ve Tic. AŞ and Uzman Kariyer Kitabevi Yayın Dağıtım Eğitim ve Öğretim Hizmetleri Giyim Gıda Tic. Ltd. Şti.

The Board launched a full-fledged investigation against Ali Korkmaz Özel Eğitim Kurumları Gıda Nakliye Tic. ve San. Ltd. Şti., İzmat Özel Eğitim Yayıncılık San. ve Tic. Ltd. Şti., Murat Yıldırım Eğitim Hizmetleri San. ve Tic. AŞ, Özel Küçükaydın Eğitim Hizmetleri Ticaret Ltd. Şti. and Sungurbey Eğitim ve Ticaret Ltd. Şti (24.8.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted upon the allegation that the private schools operating in Kocaeli province have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated April 28, 2023 and decision numbered 23-19/374-M, decided to launch a full-fledged investigation against Ali Korkmaz Özel Eğitim Kurumları Gıda Nakliye Tic. ve San. Ltd. Şti., İzmat Özel Eğitim Yayıncılık San. ve Tic. Ltd. Şti., Murat Yıldırım Eğitim Hizmetleri San. ve Tic. AŞ, Özel Küçükaydın Eğitim Hizmetleri Ticaret Ltd. Şti. and Sungurbey Eğitim ve Ticaret Ltd. Şti.

The Board has pronounced its final decision on the full-fledged investigation conducted against undertakings engaged in the production and/or distribution of fresh yeast (25.8.2023).

The Competition Board ("Board") concluded the full-fledged investigation initiated with its decision decisions dated 25.11.2021 and numbered 21-57/795-M and 22.09.2022 and numbered 22-43/627-M, to determine whether undertakings operating in the production and/or distribution of fresh yeast have violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No.4054") by way of reaching price-fixing agreements and customer sharing.

In terms of Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ, against which an investigation was initiated, the investigation was concluded with settlement procedure by way of the decision of Board dated 10.11.2022 and numbered 22-51/769-316. In the said decision, it was determined that undertakings engaged in the distribution of fresh bread yeast had reached price-fixing agreements, sharing customers, and that Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ had facilitated these actions. Therefore, Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ was found to be in violation of Article 4 of Law No. 4054, and an administrative monetary fine of TRY 73,851,619.33 was imposed on the aforementioned undertaking.

As for the following undertakings under investigation:

Mauri Maya San. AŞ was found to have violated Article 4 of Law No. 4054 by ensuring the implementation, coordination, continuity, and control of agreements among undertakings engaged in the distribution of fresh yeast regarding price fixing and/or customer/region sharing. Therefore, it was decided that an administrative monetary fine to be imposed on Mauri Maya San. AŞ.

In terms of the other fresh yeast producer party to the investigation, namely Pak Gıda Üretim ve Pazarlama AŞ, no evidence was found indicating a violation of Law No. 4054. Thus, it was found that imposition of administrative monetary fine was uncalled for.

Mauri Maya San. AŞ was found to have violated Article 4 of Law No. 4054 by determining the resale prices of undertakings operating in the downstream market of fresh yeast distribution. Therefore, it was decided that an administrative monetary fine of TRY 25,227,732.77 to be imposed on Mauri Maya San. AŞ in total.

The following undertakings active in fresh yeast distribution were found to have violated Article 4 of Law No. 4054 by way of engaging in price fixing, customer/region sharing, and/or restricting supply quantity and, therefore, were subject to administrative monetary fines:

  1. TRY 773,436.84 on Adatepeler Maya Gıda San. Tic. Ltd. Şti.
  2. TRY 12,519.54 on Barut Gıda / Fahrettin BARUT
  3. TRY 118,661.83 on Batuğ Endüstriyel Gıda San ve Tic. Ltd. Şti.
  4. TRY 1,512,317.15 on Çınar Mayacılık Gıda Tarım Meşrubat Sanayi ve Ticaret Ltd. Şti.
  5. TRY 458,468.10 on Delice Turka Mak. Gıda San. ve Tic. Ltd. Şti.
  6. TRY 382,722.13on Güldemirler Ticaret / Dilek GÜLDEMİR
  7. TRY 58,656.22 on Hamra Pazarlama Ahmet Şen.
  8. TRY 1,092,418.29 on Haskat Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.
  9. TRY 295,777.64 on Kılınçoğlu Maya and Gıda Pazarlama Tic. San. Ltd. Şti.
  10. TRY 1,095,605.75 on Mag&Pa Gıda Maya Fırın Mlz. Paz. İml. San. ve Dış Tic. AŞ
  11. TRY 2,757,169.77 Motus Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.
  12. TRY 689,922.73 on Muratlar Fırıncılık Çözümleri Maya Gıda San. ve Dış Ticaret Ltd. Şti.
  13. TRY 478,772.09 on Ozturk Maya Gıda Toptan Paz. Ltd. Şti.
  14. TRY 492,354.43 on Shk Gıda Tarım Temizlik ve Petrol Ürünl. San. Tic. Ltd. Şti.

In terms of the following fresh yeast distributors party to the investigation, no evidence was found indicating a violation of Law No. 4054. Thus, it was found that imposition of administrative monetary fine was uncalled for:

  1. Çize Gıda Pazarlama Ltd. Şti.
  2. Güçbir Gıda Tekstil Turizm İnşaat Sanati ve Nak. AŞ
  3. Oluşum Gıda Paz. Ltd. Şti.
  4. Orkide Altın Dünyası Kuy. Gıda İnş. Tur. Mob. Day. Tük. Mal. Ltd. Şti.
  5. Özpak Gıda Paz. San. ve Tic. Ltd. Şti.
  6. Özpak Gıda San. ve Tic. AŞ
  7. Uludüz Gıda Paz. San. Tic. Ltd. Şti.

The Board has pronounced its final decision on the full-fledged investigation conducted against EssilorLuxottica S.A. (28.8.2023).

The Competition Board ("Board") concluded the full-fledged investigation initiated to determine whether EssilorLuxottica S.A. has violated Article 4 and 6 of the Law No.4054 on the Protection of Competition ("Law No. 4054") by engaging in conduct that hindered and excluded the activities of its competitors in the optical market.

Following the deliberations over the file on August 17, 2023, the Board determined that:

  1. EssilorLuxottica S.A. has breached of the binding commitments set forth in the decision dated October 1, 2018 and numbered 18-36/585-286,
  2. An administrative monetary fine of TRY 492.191.132 shall be imposed in accordance with the provisions of the sub-section (a) of the first paragraph of Article 17 of Law No. 4054.
  3. EssilorLuxottica S.A.'s agreements offering ophthalmic lenses and ophthalmic machinery together, along with other actions in the market, created de facto exclusivity and had an exclusionary effect on its competitors, thus violating Article 6 of Law No. 4054.
  4. For the above reasons, an administrative monetary fine shall be imposed in accordance with the provisions of the third paragraph of Article 16 of Law No. 4054, however since an administrative monetary fine has already been imposed per the points (a) and (b) above, the Board decided that imposition of a new administrative monetary fine based on item (c) above is uncalled for within the scope of general "ne bis in idem" principle of law.

The Board launched a full-fledged investigation against Piyano Kozmetik Kimya Tekstil Yayıncılık Reklamcılık Org. San. ve Tic. Ltd. Şti., RRH Küçük Elektrikli Aletler Ltd. Şti., Wahl Elektrikli Aletler Tic. Ltd. Şti., 2B İnş. Müh. Taah. Tur. Gıda Teks. San. Tic. Ltd. Şti and Mehmet Salih Ay - Veysel Elektronik (28.9.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted to determine whether Piyano Kozmetik Kimya Tekstil Yayıncılık Reklamcılık Org. San. ve Tic. Ltd. Şti., RRH Küçük Elektrikli Aletler Ltd. Şti., Wahl Elektrikli Aletler Tic. Ltd. Şti., 2B İnş. Müh. Taah. Tur. Gıda Teks. San. Tic. Ltd. Şti and Mehmet Salih Ay - Veysel Elektronik have violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meetings dated May 18, 2023 and July 13, 2023, and decisions numbered 23-23/430-M and 23-31/607-M decided to launch a full-fledged investigation against Piyano Kozmetik Kimya Tekstil Yayıncılık Reklamcılık Org. San. ve Tic. Ltd. Şti., RRH Küçük Elektrikli Aletler Ltd. Şti., Wahl Elektrikli Aletler Tic. Ltd. Şti., 2B İnş. Müh. Taah. Tur. Gıda Teks. San. Tic. Ltd. Şti and Mehmet Salih Ay - Veysel Elektronik.

The Board launched a full-fledged investigation against ERY Motors-Eray Ersan, Özgen Gallery and Canatar Auto (29.8.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted to determine whether the car dealers operating in Adana, Antalya and Gaziantep provinces have violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated July 26, 2023 and decision numbered 23-34/644-M, decided to launch a full-fledged investigation against ERY Motors-Eray Ersan, Özgen Gallery and Canatar Auto.

The Board launched a full-fledged investigation against Asmaş Ağır Sanayi Malzemeleri İmal ve Tic. AŞ, Daussan Refrakter AŞ, Haznedar Durer Refrakter Malzemeleri Sanayi ve Ticaret AŞ, Kümaş Manyezit Sanayi AŞ, Piromet Pirometalurji Malzeme Refrakter Mak. San. ve Tic. AŞ and Remsan Refrakter Malzeme San. ve Tic. AŞ (29.8.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted to determine whether refractory material manufacturers operating in Turkiye have violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of collusively increasing prices.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meetings dated May 15, 2023 and August 10, 2023, and decisions numbered 23-21/413-M and 23-37/690-M decided to launch a full-fledged investigation against Asmaş Ağır Sanayi Malzemeleri İmal ve Tic. AŞ, Daussan Refrakter AŞ, Haznedar Durer Refrakter Malzemeleri Sanayi ve Ticaret AŞ, Kümaş Manyezit Sanayi AŞ, Piromet Pirometalurji Malzeme Refrakter Mak. San. ve Tic. AŞ and Remsan Refrakter Malzeme San. ve Tic. AŞ.

The Board launched a full-fledged investigation against Amway Türkiye Ltd. (Headquartered in the USA, Delaware) Izmir Branch, Ersağ Organizasyon Temizlik Kozmetik Ürünleri Pazarlama Sanayi ve Ticaret Limited Şirketi, Hunca Life Kozmetik Pazarlama Dağıtım Ticaret Anonim Şirketi, Oriflame Kozmetik Ürünleri Ticaret Limited Şirketi and Tiens İç ve Dış Ticaret Limited Şirketi (12.9.2023).

The preliminary investigation, which was conducted based on allegations that undertakings operating in the cosmetics, personal care, and dietary supplements sector through the direct sales method have violated Article 4 of Law No. 4054 by determining the resale prices of their resellers and/or restricting online sales, has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated August 17, 2023, and decisions numbered 2339/734-M(1), 2339/734-M(2), 2339/734-M(3), 2339/734-M(4) and 2339/734-M(5) decided to launch a full-fledged investigation to determine whether Amway Türkiye Ltd. (Headquartered in the USA, Delaware) Izmir Branch, Ersağ Organizasyon Temizlik Kozmetik Ürünleri Pazarlama Sanayi ve Ticaret Limited Şirketi, Hunca Life Kozmetik Pazarlama Dağıtım Ticaret Anonim Şirketi, Oriflame Kozmetik Ürünleri Ticaret Limited Şirketi and Tiens İç ve Dış Ticaret Limited Şirketi have violated Article 4 of Law No. 4054 by way of determining the resale prices of their distributors and/or restricting internet sales.

The Board launched a full-fledged investigation against Özel Piraziz Kuzey Yükseköğrenim Kız Öğrenci Pansiyonu, Özel Onur Yükseköğretim Kız Öğrenci Yurdu, Özel Piraziz Beyza Yükseköğrenim Kız Öğrenci Pansiyonu and Özel Sıla Yükseköğretim Kız Öğrenci Yurdu (19.9.2023).

The preliminary investigation conducted based on allegations that undertakings operating in the private higher education student dormitories market in Giresun province have violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of making an agreement for price fixing has been concluded by the Competition Board (the "Board").

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated August 31, 2023 and decision numbered 23-40/775-M, decided to launch a full-fledged investigation against Özel Piraziz Kuzey Yükseköğrenim Kız Öğrenci Pansiyonu, Özel Onur Yükseköğretim Kız Öğrenci Yurdu, Özel Piraziz Beyza Yükseköğrenim Kız Öğrenci Pansiyonu and Özel Sıla Yükseköğretim Kız Öğrenci Yurdu.

The Board launched a full-fledged investigation against Duracell Satış ve Dağıtım Limited Şirketi (28.9.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted to determine whether Duracell Satış ve Dağıtım Limited Şirketi, operating as a battery supplier in the fast-moving consumer goods sector, has violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of determining the resale price for its buyers and restricting the regions and customers where its buyers would sell.

After discussing the information, documents, and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated September 7, 2023, and decision numbered 23-41/786-M, decided to launch a full-fledged investigation against Duracell Satış ve Dağıtım Limited Şirketi.

The Board has pronounced its final decision on the full-fledged investigation conducted against Krea İçerik Hizmetleri ve Prodüksiyon AŞ upon commitments (28.9.2023).

The Competition Board ("Board") concluded the full-fledged investigation initiated with its decision dated 29.09.2022 and numbered 22-44/652-M to determine whether Krea İçerik Hizmetleri ve Prodüksiyon AŞ., exclusive owner of the broadcast rights to Turkish Super League and 1st League football matches, has violated Article 6 of the Law No.4054 on the Protection of Competition ("Law No. 4054") by providing its sub-broadcasting rights, including "news purpose images" and "extensive summary images," to other broadcasting companies in a discriminatory manner.

During the investigation phase, Krea İçerik Hizmetleri ve Prodüksiyon AŞ. submitted an application to initiate the commitment process to address the competitive concerns. Following discussions held upon this application, Krea İçerik Hizmetleri ve Prodüksiyon AŞ. submitted a commitment package to the Board.

Upon deliberation of the file following the commitment procedure, on September 14, 2023, the Board decided as following:

  1. Krea İçerik Hizmetleri ve Prodüksiyon AŞ. holds the sales monopoly over the Turkish Super League match highlights and therefore is in a dominant position in this market.
  2. Krea İçerik Hizmetleri ve Prodüksiyon AŞ.'s discriminatory sales policy for highlights could be deemed to be within the scope of sub-section (b) of paragraph 2 of Article 6, of Law No. 4054 in terms of the competition between open TV channels.
  3. Due to the reason that the revised commitment submitted by Krea İçerik Hizmetleri ve Prodüksiyon AŞ could remedy the competition concerns arising from this behaviour that is considered to potentially violate Article 6 of Law No. 4054, the commitment should be accepted.
  4. The final commitment text, which was submitted to the Authority's records on September 11, 2023 with the number of 42309 shall be rendered binding for Krea İçerik Hizmetleri ve Prodüksiyon AŞ and the ongoing investigation against the company conducted per the Board's decision dated 29.09.2022 and numbered 22-44/652-M shall be terminated.

The Board launched a full-fledged investigation against Erikli Su ve Meşrubat Sanayi ve Ticaret AŞ and Pınar Su ve İçecek Sanayi ve Ticaret AŞ (12.10.2023)

The findings obtained within the scope of the preliminary investigation initiated per the Competition Board (the "Board") decision dated August 10, 2023 and numbered 23-37/711-M in relation to the allegation that the undertakings operating as producer/supplier in the packaged water sector have violated Article 4 of Law No. 4054 by way of price fixing, have been discussed in the Board's meeting of September 21, 2023 and through decision numbered 23-17/301-M it was decided that a full-fledged investigation against Erikli Su ve Meşrubat Sanayi ve Ticaret AŞ and Pınar Su ve İçecek Sanayi ve Ticaret AŞ should be launched to determine whether these undertakings have violated Article 4 of Law No. 4054 by way of information exchange.

The Board launched a full-fledged investigation against Susa Gıda Maddeleri Pazarlama Ticaret AŞ (Buzdağı Su) (12.10.2023).

The findings obtained within the scope of the preliminary investigation initiated per the Competition Board (the "Board") decision dated August 10, 2023 and numbered 23-37/711-M in relation to the allegation that the undertakings operating as producer/supplier in the packaged water sector have violated Article 4 of Law No. 4054 by way of price fixing, have been discussed in the Board's meeting of September 21, 2023 and through decision numbered 23-45/850-M(1) it was decided that a full-fledged investigation against Susa Gıda Maddeleri Pazarlama Ticaret AŞ (Buzdağı Su) should be launched to determine whether it has violated Article 4 of Law No. 4054 by way of resale price maintenance.

The Board has pronounced its final decision on the full-fledged investigation conducted against Namet Gıda Sanayi ve Ticaret AŞ (13.10.2023).

The investigation, which was conducted to determine whether Namet Gıda Sanayi ve Ticaret AŞ, operating as a producer/supplier in the fast-moving consumer goods sector, has violated Article 4 of Law No. 4054 by determining the resale price of their buyers, has been completed.

The Board decided to terminate the investigation launched with its decision dated May 18, 2023 and numbered 23-23/437-M following the approval of the settlement text proposed by the said undertaking by its decision dated September 28, 2023 and numbered 23-46/869-307.

The Board decided to reduce the administrative fine imposed on the undertaking by 25% as a result of the settlement procedure pursuant to the seventh paragraph of Article 43 of Law No. 4054 and the fourth paragraph of Article 4 of the Regulation on Fines and decided to impose an administrative of TRY 72,986,653.99 on Namet Gıda Sanayi ve Ticaret AŞ based on its gross revenues generated in 2022.

The Board has pronounced its final decision on the full-fledged investigation conducted against İpek Gıda Dayanıklı Tüketim Malları Elektronik Eşya Tic. ve San. Ltd. Şti (16.10.2023).

The investigation, which was conducted to determine whether İpek Gıda Dayanıklı Tüketim Malları Elektronik Eşya Tic. ve San. Ltd. Şti. has violated Article 4 of Law No. 4054 by determining the resale prices for their resellers, has been completed.

The Board decided to terminate the investigation launched with its decision dated April 28, 2023, and numbered 23-19/366-M following the approval of the settlement text proposed by the said undertaking by its decision dated September 28, 2023 and numbered 23-46/882-311.

The Board decided to reduce the administrative fine imposed on the undertaking by 25% as a result of the settlement procedure pursuant to the seventh paragraph of Article 43 of Law No. 4054 and the fourth paragraph of Article 4 of the Regulation on Fines and decided to impose an administrative monetary fine of TRY 2,693,535.83 on İpek Gıda Dayanıklı Tüketim Malları Elektronik Eşya Tic. ve San. Ltd. Şti. based on its gross revenues generated in 2022.

The Board has pronounced its final decision on the full-fledged investigation conducted against RRH Küçük Elektrikli Aletler Ltd. Şti (16.10.2023).

The investigation, which was conducted to determine whether RRH Küçük Elektrikli Aletler Ltd. Şti. has violated Article 4 of Law No. 4054 by resale price maintenance, has been completed.

The Board decided to terminate the investigation launched with its decision dated May 18, 2023 and numbered 23-23/430-M following the approval of the settlement text proposed by the said undertaking by its decision dated September 28, 2023 and numbered 23-46/877-310.

The Board also decided to reduce the administrative fine imposed on the undertaking by 25% as a result of the settlement procedure pursuant to the seventh paragraph of Article 43 of Law No. 4054 and the fourth paragraph of Article 4 of the Regulation on Fines and decided to impose an administrative monetary fine of TRY 2,001,948.96 based on its gross revenues generated in 2022.

The Board has pronounced its final decision on the full-fledged investigation conducted against Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ (20.10.2023).

The investigation, which was conducted to determine whether Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ, operating as a producer/supplier in the fast-moving consumer goods sector, has violated Article 4 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of resale price maintenance, has been completed.

The Board decided to terminate the investigation launched with its decision dated May 5, 2023, numbered 23-20/384-M following the approval of the settlement text proposed by the parties by its decision dated October 5, 2023 and numbered 23-47/897-317.

The Board also decided to reduce the administrative fine imposed on the undertaking by 25% as a result of the settlement procedure pursuant to the seventh paragraph of Article 43 of Law No. 4054 and the fourth paragraph of Article 4 of the Regulation on Fines and decided to impose an administrative monetary fine of TRY 16,831,692.00 based on its gross revenues generated in 2022.

The Board launched a full-fledged investigation against certain undertakings operating as driving schools in the Uşak province (23.10.2023).

The Competition Board (the "Board") concluded the preliminary investigation conducted to determine whether certain undertakings operating as driving schools in the Uşak province have violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of price-fixing.

After discussing the information, documents and findings obtained during the preliminary investigation, the Board found that the relevant allegations and findings are serious and adequate and through its meeting dated September 21, 2023, and decision numbered 23-45/844-M, decided to launch a full-fledged investigation against the following undertakings operating as driving schools in the Uşak province:

  • Banaz Özel Kardelen Eğitim Hizmetleri ve Tic. Ltd. Şti.
  • Güray Eğitim Hizm. İnş. Tur. Taş. Hayv. San. ve Tic. Ltd. Şti.
  • Mir İş Sağlığı ve Güvenliği Hizmetleri Sürücü Kursu İnşaat Sanayi ve Ticaret Limited Şirketi
  • Özel Akdoğan Motorlu Taşıt Sürücüleri Kursu
  • Özel Elit Ege Motorlu Taşıt Sürücüleri Kursu
  • Özel Erdilek Motorlu Taşıt Sürücüleri Kursu
  • Özel Ergül Motorlu Taşıt Sürücüleri Kursu
  • Özel Eşme Osmanlı Motorlu Taşıt Sürücüleri Kursu
  • Özel Lider Motorlu Taşıt Sürücüleri Kursu
  • Özel Süren Motorlu Taşıt Sürücüleri Kursu
  • Özel Tek Motorlu Taşıt Sürücüleri Kursu
  • Özel Yeni Uşak Motorlu Taşıt Sürücüleri Kursu
  • Uşak Akademi Eğt. Hiz. Ltd. Şti.

and an undertaking identified to provide consultancy services to private driving schools:

  • True Özel Araştırma ve Danışmanlık Tic. San. Ltd. Şti.

The Board has pronounced its final decision on the full-fledged investigations regarding the Egg Sector (31.10.2023).

In May 2022, the Competition Board (the "Board") initiated two separate full-fledged investigations into the egg sector based on allegations of price fixing, regional allocation, and quantity restrictions. These allegations were thoroughly examined in the first full-fledged investigation, which targeted a total of 34 egg producers, and the second full-fledged investigation, which involved 13 egg producer associations and an additional 12 egg producers.

During the first full-fledged investigation involving egg producers, 14 undertakings submitted applications for settlement procedure. As a result of the settlement procedures, the investigations for undertakings that acknowledged the existence and scope of the violation were concluded with Board decisions determining the violation and imposing administrative monetary fines. Both investigations have been completed with decisions rendered by the Board on October 26, 2023.

In the first full-fledged investigation into egg producer undertakings, the Board determined that a total of 26 undertakings collectively fixed egg prices and shared the regions where they sold eggs and the Board evaluated these behaviours as cartel, which is the most severe violation in competition law. In the second full-fledged investigation, the Board found that the investigation parties, which were egg producer associations, determined egg prices and restricted the egg supply quantity. The Board evaluated that the behaviours of these undertakings and associations of undertakings fall within the scope of Article 4 of the Law No. 4054, which prohibits agreements and concerted practices limiting competition among undertakings and decisions and actions by associations of undertakings that restrict competition.

Therefore, as a result of these investigations, a total of approximately TRY 98 million in administrative monetary fines was imposed on the parties found to have violated Article 4 of Law No. 4054.

DECISIONS

1. Turkish Competition Board's Comprehensive Analysis of the Liberalising Natural Has Market: BOTAŞ-SOCAR Turkiye Decision

I. Introduction

On April 18, 2023, the Turkish Competition Authority (the "Authority") published the Turkish Competition Board's (the "Board") reasoned decision,1 in which the transaction concerning the establishment of a joint venture by and between Boru Hatları ile Petrol Taşıma A.Ş. ("BOTAŞ") and SOCAR Turkey Enerji A.Ş. ("SOCAR Turkey") ("BOTAŞ-SOCAR Turkey Transaction") was unconditionally approved pursuant to Law No. 4054 on Protection of Competition ("Law No. 4054") and the relevant provisions of Communiqué No. 2010/4 on the Mergers and Acquisitions Requiring the Approval of the Competition Board ("Communiqué No. 2010/4").

The Board's decision provides an up-to-date insight into the dynamic and ever-growing Turkish natural gas market, building upon the examinations and evaluations under the Board's previous decision concerning the establishment of a joint venture by and between BOTAŞ and State Oil Company of Azerbaijan Republic ("SOCAR") (the "BOTAŞ-SOCAR decision")2 and the Authority's Natural Gas Markets Sector Research.3

II. An Overview of the Turkish Natural Gas Market

Before delving into the details of the BOTAŞ-SOCAR Turkey Transaction, the Board considered it useful to provide an updated overview of Turkey's energy profile with a specific focus on natural gas, which currently corresponds to 27% of Turkey's primary energy consumption. In this respect, following a brief introduction to the background of the liberalisation of the Turkish natural gas markets, the Board indicated the latest trends in these markets, compared with the progress made by Turkey so far on the objectives of liberalisation, the Organized Wholesale Market (the "OWM") and becoming a hub.

In Turkey, the milestone for the liberalisation of the natural gas markets is Law No. 4646 on Natural Gas Market ("Law No. 4646") which entered into force in 2001. Law No. 4646 enabled the actors in the private sector to enter the market for natural gas operations, with the objective of liberalising the natural gas market 'to ensure supply of good-quality natural gas at competitive prices to consumers in a regular and environmentally sound manner under competitive conditions.'4

Amongst the different administrative and practical developments regarding this liberalisation process over the years, there are cutting-edge developments referred to in the Board's decision, such as the creation of the Continuous Trading Platform (the "CTP") through the operation of the OWM. The Board evaluated that the CTP and the OWM have contributed to the development of competitive markets in both the short and the long term, by way of objectively and transparently providing daily and weekly reference prices for the natural gas in the market. The Board also shared its expectations for Turkey to become a significant hub based on the operation of the CTP, through which it is anticipated that the transaction volume will be increased along with new entrances of the international actors to the market.

III. The Board's Assessment on the Relevant Product Markets

As part of the examination of BOTAŞ-SOCAR Turkey Transaction, the Board provided information on the parties and their activities in Turkey. Accordingly, the Board stated that (i) BOTAŞ is a government-owned enterprise active in the import, export, wholesale etc. of gas products and (ii) SOCAR is an international company wholly owned by the Azerbaijan government and it is active in, among others, the production, transmission, processing, and sales of gas products. SOCAR has 31 subsidiaries in Turkey, including SOCAR Turkey. The Board assessed that both of the parties had activities in different levels of the gas and petroleum supply-value chain.

The relevant product markets were defined as the markets for (i) the exploration and production of natural gas, (ii) the transportation of natural gas through international lines, (iii) the wholesale of natural gas (both upstream and downstream wholesale markets) in terms of the horizontal relationships, whereas for the vertical relationships, the relevant product markets were defined as the markets for (i) the transmission activities and natural gas wholesale, (ii) the storage and liquidated natural gas ("LNG") activities and natural gas wholesale, (iii) the upstream wholesale (import/export) and downstream wholesale and (iv) the distribution of natural gas and retail sales to end-customers. The Board defined the relevant geographic market for the exploration and production of natural gas as "worldwide", whereas it defined the relevant geographic market for upstream and downstream wholesale of natural gas as "Turkey" on the grounds that country prices differ based on the energy profile of the country.

During its assessment on the relevant product market, the Board concluded that BOTAŞ is the national incumbent company with high market shares in both upstream and downstream wholesale of natural gas markets (i.e., 94% and 92% respectively).

IV. The Board's Competitive Assessment on the Transaction

The Board decided that the transaction would not lead to any competitive concern in any of the affected markets.

As for the market for exploration and production of natural gas, the Board noted that BOTAŞ's investments in exploration and production through the joint venture would contribute to the development of the natural gas markets in Turkey. The Board therefore decided that the transaction is far from restricting competition.

In terms of the market for the transportation of natural gas through international lines, the Board stated that BOTAŞ and SOCAR exercise joint control over Trans-Anatolian Natural Gas Pipeline ("TANAP") which means that (i) the horizontal relationship between BOTAŞ and SOCAR has existed before the BOTAŞ-SOCAR Turkey Transaction and that (ii) TANAP's share is limited in the wholesale market in Turkey (in terms of total consumption).

In terms of the market for the wholesale of natural gas, the Board noted that BOTAŞ was dominant in the market, whereas SOCAR does not have an import licence. The Board therefore concluded that the transaction would not lead to an anti-competitive effect and would not result in competitive risks such as supply/capacity restraints or high prices.

The Board also assessed the retail sale-wholesale relationship between the parties, since SOCAR also controls Bursa and Kayseri distribution companies. The Board stated that the total market share of these distribution companies in Turkey is below 10% and noted that considering (i) the limited existence of the SOCAR Group in the upstream market and (ii) their 10% share in the downstream market, there is no input and/or customer restraints against existing or potential competitors. The Board also noted that since the joint venture aims for searching and transportation investments, which would increase the liquidity, the retail level of the market would also benefit from the investments.

In addition, the Board also stated that considering the current globalisation in the worldwide markets for gas, target companies which are created with the objective of regional competition (i.e., the transaction at hand) would assist Turkey to become a hub in the market.

V. Conclusion

The Board stated that the BOTAŞ-SOCAR Turkey Transaction would not raise competitive concerns such as market foreclosure or higher prices. In light of the foregoing competitive assessment of the Board, it is concluded that there would be no significant impediment to effective competition under any plausible market definition as a result of the contemplated BOTAŞ-SOCAR Turkey Transaction. Indeed, the assessment of the Board shows that the creation of a joint venture with the participation of BOTAŞ would contribute to the development of the Turkish natural gas markets, primarily supporting the strategically advantageous position of Turkey, and leading Turkey to achieve its liberalisation objectives and become a hub in the market.

2. Turkish Competition Board Rejected the Commitments Proposed and Imposed Interim Measures Against Online Betting Platform Nesine

I. Introduction

The Turkish Competition Board (the "Board") has recently published its reasoned decision that imposes interim measures on certain exclusivity clauses. The clauses are between D Elektronik Şans Oyunları ve Yayıncılık A.Ş. ("Nesine"), an online betting platform, and Maçkolik İnternet Hizmetleri A.Ş. ("Maçkolik"), an online platform offering its users a large database regarding sports matches along with statistical data, such as live scores.5 The Decision is a recent example6 where the Board opts for imposing interim measures against an undertaking operating in online/technology markets. It is of significance given that it will have an impact on the markets for online betting and online live score services.

II. Background

The Board launched an investigation on July 7, 2022 to determine whether Nesine had violated Articles 4 and 6 of Law No. 4054 on the Protection of Competition ("Law No. 4054") by way of exclusive agreements. These Advertising Sales Services Agreements ("Agreements") between Nesine and Maçkolik were to be effective for 2019-2021 and 2022-2024 periods.

Within the investigation period, Nesine submitted a commitment letter offering to terminate the investigation by way of commitments. The Board therefore initiated commitment negotiations with Nesine. Upon the submission of the first commitment package, the Board sought Nesine's competitors' and other third parties' feedback on the commitments. Upon receiving their feedback, the Board rejected the first commitment package. It also notified Nesine that the entity could submit a revised version of the first commitment package to the Authority's review, for one time only.

Nesine revised the first commitment package and submitted a new version on May 4, 2023. The Board once again rejected the commitments offered by Nesine.

While the investigation phase was ongoing, the Board discussed whether the exclusive agreements of Nesine could pose the risk of causing serious and irreparable harm until the final decision of the Board. It decided to impose interim measures regarding the agreements between Nesine and Maçkolik.

III. Contractual Relationship Between the Undertakings

The Agreements between Nesine and Maçkolik include exclusivity clauses that prohibit Maçkolik from making the advertising spaces on its website available to Nesine's betting competitors.

The Board sought the view of other online betting dealers competing with Nesine. These firms submitted, inter alia, that

  • Maçkolik is the most popular website among sports and football fans. In terms of the instant number of users, it appeals to an audience actively betting. Therefore, the website gets a remarkably high number of visits.
  • Due to the exclusivity clause, Nesine's competitors are incapable of signing any advertisement contract or sponsorship with Maçkolik.
  • Online betting dealers' activities are obstructed due to exclusive redirection from the betting bulletins available on Maçkolik to Nesine. Combined with the media dominance of Nesine, the Agreements almost foreclosed the market.

IV. The Board's Assessment Regarding Interim Measures

In cases where there is a genuine urgency due to risks of serious and irreparable damage, the Board is entitled to take interim measures to preserve the status quo prior to the infringement. The Board's decisions show that it applies interim measures in exceptional cases which have particular dynamics that may lead to irreparable damage.

In the Decision, the Board notes that Nesine has a notable market share in light of its number of members, games played and revenue generated. It further notes that legal entry barriers, alongside its vast consumer portfolio and brand recognition, also demonstrate Nesine's market power. Maçkolik, according to the Board, (i) has a higher traffic rate in comparison to other score tracking websites, (ii) it is the most preferred live score tracking application in Turkey and (iii) is considerably ahead of its competitors. The competitors of Nesine noted that the legalization of live betting in Turkey in 2019 increased the importance of live score tracking and further increased the usage of Maçkolik by consumers. Maçkolik itself confirmed that their activity has been increasing, due to the legalization of live betting. Maçkolik also noted that, although there were other local undertakings operating in the market in the past, Maçkolik is currently the market leader. Although international undertakings have entered the Turkish market, their activities remain limited as they do not have any local offices in Turkey.

Against the foregoing, the Board considered that Maçkolik is an important online platform for those online betting companies that want to advertise their services in Turkey.

In terms of numerical data, the Board considered (i) the revenue that Maçkolik generated through its advertisement agreements, (ii) live bets placed through the platforms of virtual dealers, (iii) total number of clicks, and (iv) number of clicks directed to Nesine from Maçkolik. Analyzing the foregoing information, the Board noted that (i) the amount paid by Nesine to Maçkolik accounted for a considerable portion of Maçkolik's advertisement revenue, (ii) although there are websites which allow live score tracking, Maçkolik is the prominent player in the industry, (iii) the click numbers of Nesine are substantial and, (iv) Maçkolik is an important advertising platform when the number of click directed from Maçkolik to Nesine are evaluated.

The Board also delved into the advertisement spaces on Maçkolik's website and noted that Nesine had advertisements both in banner and pop-up forms. Relatedly, if the users were to click on the betting ratios for a certain game on Maçkolik's website, they were directed to Nesine. Although all competitors of Nesine wanted to work with Maçkolik, they were unable to do so, due to the exclusivity clause.

Nesine claimed that it has invested in Maçkolik as part of certain business development projects and the exclusivity clauses ensured that both parties could get returns from the investments and Nesine mainly fulfilled the financial and workforce demand stemming from these business development agreements. The Board found that these projects would further enhance the number of advertising spaces provided by Maçkolik to Nesine, hence creating competitive concerns for Nesine's competitors.

The Board noted that the Agreements, in addition to the exclusivity terms, also provided that Maçkolik would have to refund the investment back to Nesine, if it failed to match the "click number commitment", which ultimately would lead to Maçkolik allocating more of its advertising spaces to Nesine, indirectly obstructing competitors of Nesine to advertise at Maçkolik's website, even if there had not been any direct exclusivity clauses within the Agreements.

V. Conclusion

The Board decided to impose interim measures removing all exclusivity provisions from the Agreements between Nesine and Maçkolik, noting that such provisions may cause serious and irreparable damage. The Decision is noteworthy, given that the Board carried out an in-depth analysis into Nesine's market position in the online betting market prior to the reasoned decision.

As noted above, interim measures are exceptional, given that they require certain conditions upon which the Board should carry out a detailed analysis at a considerably short timeframe, without waiting for the decision to be rendered at the end of the investigation. Moreover, in terms of the investigations into allegations of abuse of dominance, the Board may carry out a dominance test before concluding that an interim measure is necessary.7 That being said, in this case, the Board did not carry out a dominance test prior to imposing interim measures with regard to a potential concern of abuse of dominance.

Footnotes

1. The Board's decision dated 01.08.2022 and numbered 22-34/539-218.

2. The Board's decision dated 08.05.2018 and numbered 18-14/254-120.

3. The Authority (July 2012) Natural Gas Markets Sector Research available at https://www.rekabet.gov.tr/Dosya/sektor-raporlari/7-rekabet-kurumu-dogal- (last accessed on July 10, 2023).

4. Law No. 4646, Article 1.

5. Board decision dated 15.06.2023 and numbered 23-27/520-176.

6. The Board recently opted for imposing interim measures in its Whatsapp (11.01.2021; 21-02/25-10), Nadirkitap.com (17.12.2020; 21-54/753-333) and Trendyol (30.09.2021; 21-46/669-334) decisions.

7. See, Krea (29.09.2022, 22-44/652-281), Trendyol (30.09.2021, 21-46/669-334).