Turkish Competition Board published the reasoned version of its Sahibinden decision where the Board imposed an administrative monetary fine on Sahibinden, dominant online classified ads platform, for abusing its dominant position in the markets for online platform services with regards to vehicles sales/rental and online platform services with regards to real estate sales/rental by applying excessive pricing.
The interesting part of the decision is that whereas the investigation team (except one member) were of the opinion that Sahibinden did not infringed Article 6 of Law No. 4054 through excessive pricing, the Board found infringement and imposed an administrative monetary fine on Sahibinden. Board’s finding an infringement on excessive pricing cases, to date, were quite rare and this is the first decision where an online platform active in a multi-sided market is fined by the Board for excessive pricing grounds.
The reasoned decision (in Turkish) is here.
Turkish Competition Board imposed an administrative monetary fine of 2,346,618,68 TRY on Sony Eurasia Pazarlama A.S.
As a result of the investigation initiated by the Turkish Competition Board against Sony Eurasia Pazarlama A.S., Turkish Competition Board concluded that Sony Eurasia Pazarlama A.S. violated article 4 of the Law No. 4054 on the Protection of Competition (akin to 101 of TFEU) by determining the resale price of its dealers making online sales.
This decision of the Turkish Competition Board seems to be in line with its latest approach to RPM cases. This can be considered as a strong message addressing undertakings to be careful in terms of their involvement to pricing freedoms of their dealers.
Needless to say, this decision of the Board (similar to any other decisions of the Board) is subject to judicial review of Ankara Administrative Courts.
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…