Investigation Conducted on Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret AÅž Concluded

Summary

The investigation conducted by the authorities into Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret Au015e (hereinafter referred to as SAHu0130Bu0130NDEN) has been concluded. The investigation aimed to determine whether SAHu0130Bu0130NDEN had violated Article 6 of the Act no 4054 by preventing data portability and imposing other restrictions on its real estate and vehicle sale/renting platform services.

The investigation’s conclusion is that SAHu0130Bu0130NDEN’s actions constitute a violation of Article 6 of the Act no 4054. Specifically, the company made it difficult for its corporate members to use multiple platforms by preventing data portability, which implemented actual/contractual exclusivity and non-compete obligations in its contracts. These measures effectively obstructed the operations of SAHu0130Bu0130NDEN’s competitors, allowing the company to abuse its dominant position in the market.

The decision, dated August 17, 2023, and numbered 23-39/754-263, has been issued, and an administrative fine is now expected to be imposed on SAHu0130Bu0130NDEN. The reasoned version of the decision will be notified later, and SAHu0130Bu0130NDEN has the right to appeal the decision before the Ankara Administrative Courts.

In essence, the investigation’s findings suggest that SAHu0130Bu0130NDEN’s actions were designed to maintain its market dominance by limiting the flexibility of its corporate members and hampering the operations of its competitors. The decision serves as a warning to companies operating in the digital marketplace to ensure that their business practices comply with the relevant regulatory requirements.