An Investigation Opened concerning TÜPRAş and OPET (27.12.2012)

Within the scope of the preliminary inquiry conducted in response to the findings gathered by the monitoring studies related to the price levels and movements in the liquid fuel market, and as a result of the examination of some practices of Türkiye Petrol Rafinerileri A.Ş. (TÜPRAŞ) under article 6 of the Act no 4054 and the examination of various practices by TÜPRAŞ and importing distribution companies under article 4 of the same Act, in the Competition Board meeting dated 04.07.2012 it was decided that an investigation should be opened concerning TÜPRAŞ and Opet Petrolcülük A.Ş., operating in the liquid fuel sector.

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. The investigation has been initiated in order to determine

- Whether TÜPRAŞ abused its dominant position under article 6 of the Act no 4054 through exclusionary and abusive conduct such as excessive pricing, refusing to supply goods and tying the sale of one product to the sale of another one;

- Whether TÜPRAŞ and Opet Petrolcülük A.Ş. violated article 4 of the Act no 4054 through market allocation and other methods, particularly in light of their position in the relevant markets and their control structure.

*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.