Investigation concerning 16 Driving Courses operating in Kırıkkale Concluded (13.6.2014)
The investigation conducted in order to find out whether driving courses operating in Kırıkkale violated article 4 of the Act no 4054 by determining commercial conditions such as prices and payment conditions together and by sharing the payments after collecting them in a pool was completed.
The investigation was initiated as a result of the preliminary inquiry about the claim that driving courses in question established a pool system and applied a single price. At the investigation phase, it was found that the driving courses under examination met in order to determine prices and payment conditions, created a pool system and opened joint bank accounts. Moreover, they used monitoring and punishment mechanisms to ensure common prices.
As a result of the discussion of the contents of the file by the Competition Board on 08.05.2014, it was decided that the Protocol dated 2007 made among ten undertakings operating in Kırıkkale in 2007 included the determination of prices and payment conditions together and the document called 2008-2009 Education Year Price Announcement included price fixing; therefore, they amounted to an agreement that prevented, distorted and restricted competition within the scope of article 4 of the Act no 4054. However, the period of prescription lapsed for the Protocol and the Price Announcement as five years passed and as a result, it was not necessary to impose administrative fines to the undertakings mentioned in the said documents.
On the other hand, the following undertakings which were found to have violated article 4 of the Act no 4054 by fixing prices for driving license courses and by creating a pool through opening bank accounts in 2012 were imposed administrative fines:
• Üçel 71 İnşaat Nak. Tur. Gıda ve Yay. Hiz. Taah. San. ve Tic. Ltd. Şti. (İNCİ 71 MTSK),• Öz Kardeşler Eğt. ve Öğr. Rehabilitasyon Temizlik Nak. Taah. San. Tic. Ltd. Şti. (BAYRAK MTSK)
• Özel Oto Sinyal Eğt. Hiz. Turizm Nak. İnş. San. ve Tic. Ltd. Şti. (OTO-SİNYAL MTSK),
• Özgüvenler Eğt. Öğr. Gıda İnş. Mimar Taah. Kom. Rekl. Pazarlama Besicilik Nak. Tekstil İth. İhr. San. ve Tic. Ltd. Şti. (ŞALİDA MTSK),
• Özel Zengin Motorlu Taşıt Sürücüleri Kursu (ZENGİN MTSK),
• Özel Lider Motorlu Taşıt Sürücüleri Kursu (LİDER MTSK),
• Oto Viraj Eğitim Hizm. Nak. San. ve Tic. Ltd. Şti. (OTO VİRAJ MTSK),
• Altınçağ Eğt Hiz. ve Tic. A.Ş. (ALTINÇAĞ MTSK),
• Birlik Eğt. Öğr. Hiz. Tic. Ltd. Şti. (FATİH MTSK),
• Star Bilgisayar Özel Eğt. Hiz. San. Tic. Ltd. Şti. (ÖZLEM MTSK),
• A.G. Vatan Eğt. Hiz. Ltd. Şti. (AY-YILDIZ MTSK)
• Yükseliş Motorlu Taşıt Sürücüleri Kursu İç ve Dış Tic. Ltd. Şti. (YÜKSELİŞ TURAN MTSK)
Moreover, it was found that the following undertakings were established in 2013 and there was no evidence showing that they joined the agreement dated 2012 later:
• Hayat 71 Eğt. Öğr. Gıda İnş. Rek. Sağl. Tur. Nak. Tem. San. ve Tic. Ltd. Şti. (HAYAT MTSK),
• Özel Altınbaşak Motorlu Taşıt Sürücüleri Kursu (Altınbaşak MTSK)
• Özel Oto Yükseliş Motorlu Taşıt Sürücüleri Kursu (YÜKSELİŞ MTSK)
With respect to Bilsan Eğt. Hiz. San. Tic. Ltd. Şti. (BİL-SÜR MTSK), it was understood that no additional evidence showing that it was a part of the agreement dated 2012 was obtained. Consequently, it was decided that it was not necessary to impose administrative fines to the aforementioned undertakings.
Click here for the text of the pronouncement (in Turkish) dated 08.05.2014 and numbered 14-17/330-142, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.