Brief

Summary:
The Competition Board of Turkey completed an investigation into the fresh yeast market and issued decisions on the undertakings involved. The investigation found that some undertakings colluded to maintain prices and allocate customers, violating Article 4 of the Act no 4054 on the Protection of Competition. As a result, administrative fines were imposed on several undertakings, including Lesaffre Turquie Mayacu00c4u00b1lu00c4u00b1k Au00c5u017e, Mauri Maya San. Au00c5u017e, and others. The undertakings that did not violate the Act were cleared of any wrongdoing and will not be imposed fines. A final decision and reasoned version of the decision are expected to be released and can be appealed to the Ankara Administrative Courts.

The Competition Board concluded the investigation launched with the Board Decisions dated 25.11.2021, numbered 21-57/795-M and dated 22.09.2022, numbered 22-43/627-M to determine whether undertakings operating in the production and/or distribution of fresh yeast violated Article 4 of the Act no 4054 on the Protection of Competition by colluding to maintain prices and allocating customers.

With respect to Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ, which was one of the parties concerned, the investigation was terminated with a settlement with the Competition Board Decision dated 10.11.2022 and numbered 22-51/769-316. The Decision in question found that the undertakings operating in the distribution of fresh baker’s yeast colluded to maintain prices, allocated customers with Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ playing a facilitating role for the aforementioned practices, that Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ thus violated Article 4 of the Act no 4054 and therefore the undertaking in question should be imposed an administrative fine of 73,851,619.33 TL.

It was decided that, of the undertakings under investigation;

Mauri Maya San. AÅž violated Article 4 of the Act no 4054 on the Protection of Competition by ensuring the enforcement, coordination, maintenance and control of the price fixing and/or customer/region allocation agreements between the undertakings operating in the field of fresh yeast distribution, and therefore administrative fines should be imposed on the undertaking concerned,

Pak Gıda Üretim ve Pazarlama AŞ should not be imposed administrative fines since there are no findings to show that the undertaking concerned violated the Act no 4054,

Mauri Maya San. AÅž also violated Article 4 of the Act no 4054 by fixing the resale prices of the undertakings operating downstream and thus administrative fines should be imposed on the undertaking concerned,

Of the investigated undertakings in the distribution of fresh yeast, those titled

  1. Adatepeler Maya Gıda San. Tic. Ltd. Şti.,
  2. Barut Gıda/ Fahrettin BARUT,
  3. Batuğ Endüstriyel Gıda San ve Tic. Ltd. Şti.,
  4. Çınar Mayacılık Gıda Tarım Meşrubat Sanayi ve Ticaret Ltd. Şti.,
  5. Delice Turka Mak. Gıda San. ve Tic. Ltd. Şti.,
  6. Güldemirler Ticaret/Dilek GÜLDEMİR,
  7. Hamra Pazarlama Ahmet Åžen,
  8. Haskat Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.,
  9. Kılınçoğlu Maya ve Gıda Pazarlama Tic. San. Ltd. Şti.,
  10. Mag&Pa Gıda Maya Fırın Mlz. Paz. İml. San. ve Dış Tic. AŞ,
  11. Motus Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.,
  12. Muratlar Fırıncılık Çözümleri Maya Gıda San. ve Dış Ticaret Ltd. Şti.,
  13. Öztürk Maya Gıda Toptan Paz. Ltd. Şti. ve
  14. Shk Gıda Tarım Temizlik ve Petrol Ürünl. San. Tic. Ltd. Şti.

violated Article 4 of the Act no 4054 through price maintenance, customer/region allocation and/or restriction of supply, and therefore administrative fines should be imposed on the undertakings concerned,

 

Of the investigated undertakings in the distribution of fresh yeast, those titled

 

  • Çize Gıda Pazarlama Ltd. Åžti.,
  • Güçbir Gıda Tekstil Turizm Ä°nÅŸaat Sanati ve Nak. AÅž,
  • OluÅŸum Gıda Paz. Ltd. Åžti.,
  • Orkide Altın Dünyası Kuy. Gıda Ä°nÅŸ. Tur. Mob. Day. Tük. Mal. Ltd. Åžti.,
  • Özpak Gıda Paz. San. ve Tic. Ltd. Åžti.,
  • Özpak Gıda San. ve Tic. AÅž ve
  • Uludüz Gıda Paz. San. Tic. Ltd. Åžti.

should not be imposed administrative fines, since there are no findings to show that the Act no 4054 was violated by the undertakings concerned.

Click here for the text of the pronouncement for the decision dated 17.08.2023 and numbered 23-39/755-264, the reasoned version of which will be notified later and which may be appealed before Ankara Administrative Courts.

Highlights content goes here...

Summary:

On November 25, 2021, the Competition Board launched an investigation to determine whether undertakings operating in the production and/or distribution of fresh yeast violated Article 4 of the Act no 4054 on the Protection of Competition by colluding to maintain prices and allocate customers. The investigation was concluded with a settlement with the Competition Board Decision dated November 10, 2022, and numbered 22-51/769-316.

The investigation found that Lesaffre Turquie Mayacu00c4u00b1lu00c4u00b1k u00c3u0153retim ve Ticaret Au00c5u017e, one of the parties concerned, played a facilitating role in the price-fixing and customer-allocation agreements between undertakings operating in the field of fresh yeast distribution, thus violating Article 4 of the Act no 4054. As a result, an administrative fine of 73,851,619.33 TL was imposed on Lesaffre Turquie Mayacu00c4u00b1lu00c4u00b1k u00c3u0153retim ve Ticaret Au00c5u017e.

Mauri Maya San. Au00c5u017e was found to have violated Article 4 of the Act no 4054 by ensuring the enforcement, coordination, maintenance, and control of the price-fixing and/or customer/region allocation agreements between undertakings operating in the field of fresh yeast distribution. Therefore, an administrative fine was imposed on Mauri Maya San. Au00c5u017e.

Pak Gu00c4u00b1da u00c3u0153retim ve Pazarlama Au00c5u017e was not found to have violated the Act no 4054, and as a result, no administrative fines were imposed.

Some of the investigated undertakings in the distribution of fresh yeast, including Adatepeler Maya Gu00c4u00b1da San. Tic. Ltd. u00c5u017eti., Barut Gu00c4u00b1da/ Fahrettin BARUT, and others, were found to have violated Article 4 of the Act no 4054 through price maintenance, customer/region allocation, and/or restriction of supply. Therefore, administrative fines were imposed on these undertakings.

On the other hand, some investigated undertakings, including u00c3u2021ize Gu00c4u00b1da Pazarlama Ltd. u00c5u017eti., Gu00c3u00bcu00c3u00a7bir Gu00c4u00b1da Tekstil Turizm u00c4u00b0nu00c5u0178aat Sanati ve Nak. Au00c5u017e, and others, were not found to have violated the Act no 4054, and as a result, no administrative fines were imposed.

The full text of the pronouncement for the decision dated August 17, 2023, and numbered 23-39/755-264 is available, and a reasoned version will be notified later. The decision may be appealed before Ankara Administrative Courts.

Turkish Competition Authority

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