As a result of the preliminary inquiry conducted to determine whether articles 4 and 6 of the Act no 4054 were violated through the exclusion of competitors, foreclosure of markets and/or exclusionary practices, in the Competition Board meeting dated 26.06.2012 it was decided that an investigation should be opened concerning Frito Lay Gıda San. Tic. A.Ş., operating in the packaged chips market.

As is known, article 4 of the Act no 4054 prohibits anti-competitive agreements and concerted practices between undertakings, while article 6 prohibits abuses of dominant position. As a matter of fact, with its regulatory decision dated  04.05.2004 and numbered 04-32/377-95, Competition Board revoked an exemption from FRITO LAY in accordance with the Communiqué no 2002/2 and with article 13 of the Act no 4054, and based on the same article of the Act, it also prohibited the establishment of an exclusive system that would prevent the sales of competing packaged chips products at all types of points of sales where FRITO LAY products were sold.

The investigation has been initiated in order to determine whether, the relevant undertaking, in violation of the regulatory decision dated 04-32/377-95, infringed article 4 of the Act no 4054 by engaging in practices which sought exclusivity and infringed article 6 of the Act no 4054 by engaging in activities that sought to exclude their competitors and/or foreclose the market.

*Investigation decisions taken by the Competition Board are announced to the public following the notification of the decision to the undertakings or associations of undertakings under investigation. These declarations, which are made within the framework of informing the public on Competition Board decisions, can not be interpreted to mean the undertakings or associations of undertakings under investigation have violated the Act no 4054 and that they have faced or will face sanctions under the Act.