The investigation conducted to find whether Coca Cola Satış Dağıtım A.Ş. violated articles 4 and 6 of the Act no 4054 by means of practices towards exclusivity was concluded.

The investigation was initiated as a result of the preliminary inquiry made related to the claims that Coca Cola Satış Dağıtım A.Ş. made exclusive agreements with some points in various cities in Turkey, especially in İstanbul, Ankara, İzmir, Bursa and Antalya. At the investigation phase, the issues such as whether Coca Cola Satış Dağıtım A.Ş. fulfilled the requirements of the Board decision dated 10.09.2007 and numbered 07-70/864-327, whether its existing contracts and protocols contains exclusivity provisions, whether its contracts and practices in the market creates de facto exclusivity in the market taking into account its availability and market share data were analyzed.

As a result of the discussion of the contents of the file by the Competition Board on 05.03.2015, it was concluded that no information and findings were obtained showing that Coca Cola Satış Dağıtım A.Ş. carried out organized and systematic practices preventing its competitors from entering points of sale. Therefore, it was decided that Coca Cola Satış Dağıtım A.Ş. did not violate articles 4 and 6 of the Act no 4054; thus it was not necessary to impose administrative fines on the said undertaking according to article 16 of the same Act.

Click here for the text of the pronouncement (in Turkish) dated 05.03.2015 and numbered 15-10/148-65, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.