Statement about the Investigation and the Interim Measure Imposed on Mackolik Ä°nternet Hizmetleri AÅž According to Article 9 of the Act no 4054 on the Protection of Competition

In its meeting on 10.08.2023, the Competition Board took the decision numbered 23-37/ 714-M to open an investigation on Mackolik Ä°nternet Hizmetleri AÅž to determine whether it has violated articles 4 and 6 of the Act no 4054.

In the Board meeting on 07.09.2023, the following final decision numbered 23-41/797-281 was taken to impose an interim measure under the scope of article 9 of the Act no 4054 concerning Mackolik İnternet Hizmetleri AŞ’s activities.

According to the Report prepared and the scope of the file examined, it has been decided UNANIMOUSLY that the following interim measure shall be taken per article 9(4) of the Act no 4054

1. The visibility of NESİNE on the advertisement areas called banner and pop-up on MAÇKOLİK and SAHADAN websites as well as mobile applications should be limited by using a concrete criterion to be set by MAÇKOLİK in a way that NESİNE will not have a favorable position compared to its competitors; how said limitation and criterion will be set in a way to prevent favoring should be presented to the Authority within 15 days as of the notification of the reasoned decision,
2.  In addition, MAÇKOLİK should revise its procedures for banner and pop-up areas on MAÇKOLİK and SAHADAN websites as well as its mobile applications; follow a transparent advertising policy that will not lead to discrimination among online betting companies and should submit the Authority a technical report, during the investigation period, until the tenth day of each month, about the functioning of the algorithms which will ensure rotatory displays so that NESİNE will not have a favorable position compared to its competitors,
3. MAÇKOLİK should inform other online betting companies that the projects similar to the projects, which allow the contents on NESİNE’s platform to be included in MAÇKOLİK and SAHADAN, can be provided to other online betting companies equally and transparently and in manner not to favor NESİNE and thus there will not be de facto exclusivity in those areas,
4. MAÇKOLİK should inform other betting companies that it is possible to provide all online betting companies with redirecting by clicking odds via MAÇKOLİK’s and SAHADAN’s websites and mobile applications equally; thus, there will not be de facto exclusivity in those areas; moreover, in redirecting related to odds, online betting companies will be displayed in a rotatory and non-discriminatory way,
5. Within 15 days as of the notification of the reasoned decision, a report on compliance measures about how the obligations no 1, 2, 3, and 4 will be fulfilled should be submitted to the Authority, 
6. MAÇKOLİK should complete the necessary integrations and resolve the difference between old and new websites; MAÇKOLİK should avoid conduct that will lead to de facto exclusivity in advertising and redirecting areas,
7. During the investigation process about MAÇKOLİK, all cooperation packages and offers prepared by MAÇKOLİK for online betting companies and the processes related to those as well as the cooperation requests and offers made by online betting companies to MAÇKOLİK and the ongoing processes related to those should be notified to the Authority within 30 days,
8.  The said obligations should be fulfilled within 30 days as of the notification of the reasoned decision and MAÇKOLİK should submit a report about this to the Authority,

with the decision subject to appeal before Ankara Administrative Courts within 60 days as of the notification of the reasoned decision.