Turkish Competition Authority recently published in its web page another announcement on the initiation of a different investigation. This time, the investigation initiated against energy drink giant Red Bull.
Upon complaints against Red Bull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti. (“Red Bull”), Turkish Competition Board (“Board”) decided to initiate a preliminary investigation concerning Red Bull’s exclusivity and resale price maintenance activities. The information and documents acquired together with the observations made within the preliminary investigation phase were found sufficient by the Board to initiate a fully-fledged investigation against Red Bull to see whether Red Bull’s arrangement leads to de facto exclusivity and Red Bull applies resale price maintenance.
Investigation team has 6 months (well, this could also be extended another 6 months) to prepare the investigation report which will include their finding and opinion on the case.
We will see…
Turkish Competition Board (“Board”), the competent decision-making body of the Turkish Competition Authority (“Authority), concluded the preliminary investigation conducted upon the complaints that Google abused its dominant position in the global search engine market and complicated its competitors’ activities in the online shopping services market. Following a thorough evaluation on the information, documents obtained during the preliminary investigation phase, the Board decided to initiate a fully-fledged investigation against Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited (all together “Google”) to determine whether Google abused its dominant position as per Article 6 of Law No. 4054 on the Protection of Competition.
This will be the second investigation initiated against Google by the Board. As you know through the first investigation, the Board reviews whether (i) Google’s conducts on the markets for mobile operating system and mobile applications; and (ii) Google’s exclusivity agreements with original equipment manufacturers violated Article 4 and 6 of Law No. 4054 which prohibits anti-competitive agreements among firms and abuse of dominant position by dominant firms. This investigation is reached to the oral hearing phase and the oral hearing will be held on August 28, 2018. The Board render its decision within 15 days following the oral hearing.
We will see whether Commission’s huge fine will provide the Board with any incentive to impose administrative monetary fine on Google.