Brief

Summary:

The investigation into Erbak Uludau00c4u0178 Pazarlama Satu00c4u00b1u00c5u0178 ve Dau00c4u0178u00c4u00b1tu00c4u00b1m Au00c5u017e, a producer/supplier in the fast-moving consumer goods sector, has been concluded without finding any violation of Article 4 of the Act no 4054 on the Protection of Competition, which prohibits the determination of resale prices for buyers. The investigation was initiated by the Competition Board in May 2023 and terminated in October 2023, with the acceptance of a settlement text submitted by the party.

The investigation made to determine whether Erbak Uludağ Pazarlama Satış ve Dağıtım AŞ, which carries out activities in fast moving consumer goods sector as a producer/supplier, violated article 4 of the Act no 4054 on the Protection of Competition by means of determining the resale prices of its buyers has been concluded.

 

It has been decided that the investigation initiated per the Competition Board decision dated 05.05.2023 and numbered 23-20/384-M shall be terminated with the acceptance of the settlement text submitted by the party according to the Competition Board decision dated 05.10.2023 and no 23-47/897-317.

 

As known, within the scope of the settlement procedure, which was brought to competition law legislation as a result of the amendments made to article 43(5) of the Act no 4054 on the Protection of Competition according to the Act dated 16.06.2020 and numbered 7246, the Board may start the settlement procedure on the request of the parties concerned or on its own initiative taking into account the procedural benefits that may arise from a rapid resolution of the investigation process and the differences in opinion concerning the existence and scope of the infringement, and decide to conclude the investigation.

 

Click here for the text of the pronouncement of the decision dated 05.10.2023 and numbered 23-47/897-317, the reason for which will be notified later and which can be appealed before Ankara Administrative Courts. 

Highlights content goes here...

Summary:

The Competition Board of Turkey has concluded its investigation into Erbak Uludau00c4u0178 Pazarlama Satu00c4u00b1u00c5u0178 ve Dau00c4u0178u00c4u00b1tu00c4u00b1m Au015e, a company operating in the fast-moving consumer goods sector, to determine whether it had violated Article 4 of the Act no 4054 on the Protection of Competition by setting resale prices for its buyers. The investigation was initiated on May 5, 2023, and was terminated on October 5, 2023, following the acceptance of a settlement text submitted by the company.

The settlement procedure was initiated under Article 43(5) of the Act, which was amended to introduce this mechanism in 2020. The Board may start a settlement procedure at the request of the parties concerned or on its own initiative, taking into account the procedural benefits of a rapid resolution of the investigation process and the differences in opinion regarding the existence and scope of the infringement.

As part of the settlement procedure, the company submitted a text that was accepted by the Board, leading to the termination of the investigation. The decision to terminate the investigation is not without appeal, and can be appealed before the Ankara Administrative Courts.

The lack of additional information regarding the allegations and findings of the investigation, as well as the specific terms of the settlement, limits the scope of the summary. However, it is evident that the Board has concluded its investigation and accepted the company’s settlement proposal, bringing the matter to a close.

Turkish Competition Authority

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