The Investigation Conducted by the
I. Introduction
During the COVID-19 pandemic, Competition Authority ("Authority") in
II. Decision
Within the scope of the decision numbered 21-53/747-360 given by the Competition Board ("Board");
1) Between Yeni Magazacilik A.S. (A101),
i. Acting together regarding product pricing and price transitions (increase-reduction) through direct or indirect communications through partner suppliers,
ii. Sensitive information that ensures competition in the market is subject to sharing such as; the determination of forward-looking product prices, price change dates, seasonal activities and campaigns, directly or through partner suppliers, ,
iii. It is ensured that the prices of the products in question are increased to the detriment of consumers by intervening in the prices of the undertakings that reduce the prices of the products or that have not yet made any price increase in the period when the prices in the market increase, through the suppliers.
iv. If competitors do not increase their prices, it has been determined that compliance with this collective action created between undertakings is constantly observed through methods that can be called penalizing strategies such as rapid product and/or region specific discounts and/or issuing a return invoice to the supplier.
The Board decided that;
Within the scope of Article 16 of the Law; Retailers, to be appreciated from the annual gross revenues determined by the Board and formed at the end of the fiscal year 2020 for "anticompetitive agreements, concerted practices and decisions"; the total amount of administrative fine has been imposed at this decision almost 2.7 billion Turkish lira. For every party;
i.
ii.
iii.
iv.
v.
vi. A 101 Yeni Magazacilik A.S.- 646.582.329,39 Turkish lira;
vii. Supplier
2) Within the scope of the investigation; The undertakings which were examined by the Board but were not penalized with this decision because no violation was found are;
Çagri Gida Temizlik Maddeleri Insaat Sanayi Ticaret A.S., Metro Grosmarket Bakirköy Alisveris Hizmetleri Tic. Ltd. Sti., Yeni Çagdas Ihtiyaç Gida Maddeleri Ins. Tic. Ltd. Sti., Yunus Market Isletmeleri Ticaret A.S., Gratis Iç Dis Tic.
III. Conclusion
Within the scope of the decision, many undertakings for which administrative fines are appreciated; in the publications they made in different communication channels, after this decision was shared with the public; They given statements to the press that they would apply to the administrative court because the punishment was unfair.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Gungor Law Firm
Gungor Law Firm
Barbaros Mahallesi Kardelen Sokak
No:2 Kat:10 Atasehir
Fax: 216629 94 06
E-mail: Deniz.gungor@gungorlaw.com
URL: www.gungorlaw.com/
© Mondaq Ltd, 2021 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source