Rekabet Kurumu

Investigation Launched on Forever Living Sağlık ve Güzellik Ürünleri Dağıtım Ltd. Şti., Herbalife International Ürünleri Ticaret Ltd. Şti. and Homm Bitkisel Ürünler Pazarlama AŞ The Competition Board decided that an investigation shall be opened about Forever Living Sağlık ve Güzellik Ürünleri Dağıtım Ltd. Şti., Herbalife International Ürünleri Ticaret Ltd. Şti. and Homm Bitkisel Ürünler Pazarlama AŞ, which produce and sell cosmetic and personal care products, to determine whether they violated article 4 of the Act no 4054 on the Protection of Competition by means of setting the sale price and/or restricting online sales of resellers. In the meeting of the Competition Board dated 15.08.2024, the preliminary inquiry conducted to determine whether Forever Living Sağlık ve Güzellik Ürünleri Dağıtım Ltd. Şti., Herbalife International Ürünleri Ticaret Ltd. Şti. and Homm Bitkisel Ürünler Pazarlama AŞ violated article 4 of the Act no 4054 on the Protection of Competition by means of setting the sale price and/or restricting online sales of resellers was concluded. After discussing the information and documents acquired and observations made in the preliminary inquiry in its meeting on 15.08.2024, the Board considered the findings significant and sufficient and took the decision no 24-33/781-M to open an investigation about Forever Living Sağlık ve Güzellik Ürünleri Dağıtım Ltd. Şti., Herbalife International Ürünleri Ticaret Ltd. Şti. and Homm Bitkisel Ürünler Pazarlama AŞ. In 2023, many investigations were made in the cosmetics and personal care products sector; the investigations examined the restrictions on resellers’ online/marketplace sales and/or interventions to resale price. The practices of the firms in the cosmetics sector which were contrary to the competition law were detected within the scope of the investigations made and those undertakings were imposed administrative fines. Examinations concerning vertical infringements in the cosmetics sector are ongoing.  https://bit.ly/3Xw1JjB

Investigation Launched on Zofunlar Beton Üretim Pazarlama San. ve Tic. AŞ, Saros Hazır Beton İnş. Madencilik San. ve Tic. AŞ and Serin Beton İnş. Taah. İnş. Malz. Hafr. Taş. Gıda San. ve Tic. Ltd. Şti.   The Competition Board made a decision concerning the preliminary inquiry conducted with relation to the allegation that some undertakings operating in the production and sale of ready-mix concrete in the Keşan district of the Edirne province violated Article 4 of the Act no 4054 on the Protection of Competition by jointly setting prices, allocating customers and/or exchanging competitively sensitive information.   After discussing the information and documents acquired and the observations made during the preliminary inquiry, the Competition Board decided that the findings were significant and sufficient, and launched an investigation on Zofunlar Beton Üretim Pazarlama San. ve Tic. AŞ, Saros Hazır Beton İnş. Madencilik San. ve Tic. AŞ and Serin Beton İnş. Taah. İnş. Malz. Hafr. Taş. Gıda San. ve Tic. Ltd. Şti. bit.ly/476dL7u

Hearing for the Investigation concerning Arı İnovasyon ve Bilim Eğitim Hizmetleri AŞ to be Held on September 24, 2024 The investigation, which was conducted about certain private schools operating in Kocaeli province due to the allegations of setting the tuition and meal fees jointly and restricting competition in labor markets, ended with settlement in terms of 18 private schools. Within the scope of settlement, totally 18 private schools were imposed 7.033.717,59 TL administrative fines; one private school for setting the meal fees jointly, one private school for setting the tuition fees jointly, 11 private schools for setting tuition and meal fees jointly and practices restricting competition in labor markets, five private schools for setting the meal fees jointly and practices restricting competition in labor markets. In terms of Arı İnovasyon ve Bilim Eğitim Hizmetleri AŞ (Doğa College), which is the only party that did not apply for settlement procedure under the scope of the file in question, the investigation has reached the hearing stage. The hearing will be held on September 24, 2024 at 10.30.  https://bit.ly/47aDED9

Investigation about Bilim İlaç Sanayii ve Ticaret AŞ and Drogsan İlaçları Sanayi ve Ticaret AŞ Concluded. Within the scope of the investigation, which was conducted about Bilim İlaç Sanayii ve Ticaret AŞ and Drogsan İlaçları Sanayi ve Ticaret AŞ according to the Competition Board decision dated 21.02.2024 and no 24-09/165-M in order to determine whether they violated article 4 of the Act no 4054 on the Protection of Competition (the Act no 4054), as a result of the settlement texts sent by Bilim İlaç Sanayii ve Ticaret AŞ and Drogsan İlaçları Sanayi ve Ticaret AŞ based on the Board’s interim decisions, on the grounds that they made no-poach agreements in the labor market, thus violated article 4 of the Act no 4054, it was decided that per the Competition Board decision dated 15.08.2024 and no 24-33/782-329, Bilim İlaç Sanayii ve Ticaret AŞ shall be imposed 155.488.332,29-TL, per the Competition Board decision dated 15.08.2024 and no 24-33/807-341, Drogsan İlaçları Sanayi ve Ticaret AŞ shall be imposed 30.593.234,79-TL administrative fines and the investigation, which was conducted according to the Board decision dated 21.02.2024 and no 24-09/165-M, shall be terminated with settlement in terms of the said undertakings. As known, previously, under the scope of the same investigation, it was decided that GlaxoSmithKline İlaçları Sanayi ve Ticaret AŞ shall be fined 33.321.564,11-TL and Abdi İbrahim İlaç Sanayi ve Ticaret AŞ shall be fined 184.363.976,71-TL and the investigation would be terminated with settlement for the undertakings in question as well.

Investigation Conducted on Tetra Laval Holding & Finance SA and Tetra Pak Paketleme Sanayi ve Ticaret Limited Şirketi Concluded. As a result of the investigation conducted on Tetra Laval Holding & Finance SA and Tetra Pak Paketleme Sanayi ve Ticaret Limited Şirketi, it is decided, with the Board decision dated 15.08.2024 and numbered 24-33/818-M, that *the economic entity comprised of TETRAPAK TÜRKİYE and TLHF holds dominant positions in the markets for “production and sale of filling machines for aseptic liquid food carton packaging” and “production and sale of aseptic liquid food carton packaging”,       *the economic entity in question violated Article 6 of the Act no 4054 by abusing its dominant position through its 3D aseptic prism shape brand and design applications they registered as well as other 3D brand applications in the evaluation stage and through its acts, *therefore, an administrative fine of 130,889,523.70 TL should be imposed, *within 30 days following the notification of the reasoned decision, the relevant economic entity should waive its brand and design rights comprising the subject of the investigation and withdraw its 3D brand applications in the evaluation stage, and should certify this before the Competition Authority.

The Competition Authority’s 2023 Annual Report Has Been Published. bit.ly/3AthP5r

The application concerning the acquisition of sole control over Eczacıbaşı Monrol Nükleer Ürünler Sanayi ve Ticaret AŞ by Curium International Trading B.V. taken under final examination. With a decision dated 25.07.2024 and numbered 24-31/729-M, the Competition Board took under final examination the application concerning the acquisition of sole control over Eczacıbaşı Monrol Nükleer Ürünler Sanayi ve Ticaret AŞ, which is active in the production and sales of goods used in nuclear medicine, by Curium International Trading B.V. The assessment made suggests that the relevant transaction may create dominant position or strengthen an existing dominant position as set out under Article 7 of the Act no 4054, resulting in a significant decrease in effective competition in the whole country or a significant portion thereof. As known, article 7 of the Act no 4054 on the protection of Competition tasks the Competition Board with the duty to supervise merger and/or acquisition transactions that could will result in a significant decrease in effective competition within markets. Within the framework of article 10 of the Act, the Board may take those transactions that require a more in-depth examination in terms of their effect on the competitive structure under final examination. In accordance with article 10 of the Act, a merger/acquisition transaction notified to the Board is suspended until the final decision is taken and may not be implemented.

Investigation concerning Hamzaoğlu Kimya San. ve Tic. AŞ Concluded The investigation conducted into the claim that Hamzaoğlu Kimya San. ve Tic. AŞ (HAKS Kimya), which sells food supplements, baby formula, cosmetics and medical products under brands such as Nurse Harvey’s and Gifrer, violated article 4 of the Act no 4054 on the Protection of Competition (the Act no 4054) by means of setting the resale price of its buyers has been concluded. According to the Competition Board decision dated 01.08.2024 and numbered 24-32/757-318, it has been decided that 1-   HAKS Kimya violated article 4 of the Act no 4054 by setting the resale prices of its buyers, 2-   The said practices cannot benefit from block exemption provided by the Block Exemption Communiqué no 2002/2 on Vertical Agreements, the practices in question cannot be granted individual exemption, either, 3-   Therefore, according to Article 16(3) of the same Act, and Article 5(1)(b) and 5(2) and 5(3)(a) of the Regulation on Fines to Apply in cases of Agreements Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position, on the basis of the annual gross revenues in 2023, by discretion, HAKS Kimya shall be imposed 1.941.954,27-TL administrative fines. https://bit.ly/3X1O9VP  

Investigation Conducted on Ready-Mix Concrete Producers Operating in the Ankara and Kırıkkale Provinces Concluded. bit.ly/3SFsfoN

Investigation on Ready-Mix Concrete Producers Operating in the Adana and Osmaniye Provinces Concluded. The Competition Board (Board) concluded the investigation launched with the decision dated 26.01.2023 and numbered 23-06/72-M, concerning the allegation that some ready-mix concrete producers operating in the Adana and Osmaniye provinces violated Article 4 of the Act no 4054 on the Protection of Competition (Act no 4054). As a result of the settlement applications submitted during the investigation process by two of the undertakings under investigation, Oyak Çimento Fabrikaları AŞ (OYAK) and MM Tiftik Kardeşler Nakliye İnşaat Emlak Petrol ve Tarım Ürünleri Paz. San. Tic. Ltd. Şti. (TİFTİK), the Board took the decision dated 04.01.2024 and numbered 24-01/19-7, imposing an administrative fine of 61,182,782.44 TL on OYAK and concluding the investigation on OYAK, as well as the decision dated 18.01.2024 and numbered 24-05/86-36, imposing an administrative fine of 5,248,175.07 TL on TİFTİK and concluding the investigation on TİFTİK. With respect to the remaining parties to the investigation, the Board took the final decision dated 25.07.2024 and numbered 24-31/727-309, finding that Samet Hazır Beton İnşaat Madencilik Lojistik Enerji Ltd. Şti. violated Article 4 of the Act no 4054 by participating in an agreement/concerted practice between competitors aimed at price maintenance and region/customer allocation, and imposed an administrative fine of 6,574,548.59 on the undertaking concerned. At the same time, the Board decided that there were no findings to suggest Çimsa Çimento Sanayi ve Ticaret AŞ and KÇS Kahramanmaraş Çimento Beton Sanayi ve Madencilik İşletmeleri AŞ violated Article 4 of the Act no 4054 and therefore it was not necessary to impose administrative fines under Article 16 of the Act no 4054 on the aforementioned undertakings.