With the decision of the Competition Board dated 08.09.2022 and numbered 22-41/591-M, a preliminary inquiry was launched about AGCO Tarım Makineleri Ticaret Ltd. Şti. (AGCO), Argo Tractors Turkey Traktör San. ve Tic. Ltd. Şti. (ARGO), Başak Satış Pazarlama ve Yatırım AŞ (BAŞAK), Erkunt Traktör Sanayii AŞ (ERKUNT), Hattat Traktör Sanayi ve Ticaret AŞ (HATTAT), IPSO Tarım AŞ (IPSO), Kubota Turkey Makine Ticaret Ltd. Şti. (KUBOTA), Same Deutz Fahr Traktör San. ve Tic. AŞ (SDF), Tümosan Motor ve Traktör Sanayi AŞ (TÜMOSAN) and Türk Traktör ve Ziraat Makinaları AŞ (TÜRK TRAKTÖR), which are operating in the sector for manufacturing and marketing tractors, concerning the claim that they violated article 4 of the Act no 4054 on the Protection of Competition (the Act no 4054) by means of restricting their dealers’ passive sales.
Within the framework of the information and documents obtained and examinations made during the preliminary inquiry process, with the decision of the Board dated 05.01.2023 and no 23-01/17-M it was decided that an investigation would be opened per article 41 of the Act no 4054
- About AGCO, BAŞAK, ERKUNT, HATTAT, IPSO, KUBOTA, SDF and TÜMOSAN with respect to region and customer restriction claims,
- About HATTAT with respect to resale price maintenance claim,
- About AGCO, ARGO, BAŞAK, ERKUNT, HATTAT, IPSO, KUBOTA, SDF, TÜMOSAN and TÜRK TRAKTÖR with respect to anticompetitive exchange of information and/or anticompetitive agreement claims
to determine whether they violated article 4 of the Act no 4054.
During the investigation process, AGCO, BAŞAK, ERKUNT, HATTAT, IPSO, KUBOTA, SDF and TÜMOSAN made commitment applications in order to eliminate the concerns related to the claims that were the subject of the investigation; the Board accepted the commitments in question and it was decided that the investigation process about the said undertakings shall be terminated in terms of the competitive concerns that were the subject of the commitments.
Finally, with the Competition Board decision dated 18.07.2024 and numbered 24-30/717-301, it has been decided that
- AGCO, ARGO, BAŞAK, ERKUNT, HATTAT, IPSO, KUBOTA, SDF, TÜMOSAN and TÜRK TRAKTÖR did not violate the Act no 4054 by means of anticompetitive exchange of information and/or agreement; thus, it is not necessary to impose administrative fines to the said undertakings per article 16 of the same Act,
- HATTAT violated article 4 of the Act no 4054 by setting the resale prices at final sales points; thus, the undertaking shall be imposed 20.675.810,53 TL administrative fines
and the investigation shall be terminated.