The investigation conducted into the claim that Hamzaoğlu Kimya San. ve Tic. AŞ (HAKS Kimya), which sells food supplements, baby formula, cosmetics and medical products under brands such as Nurse Harvey’s and Gifrer, violated article 4 of the Act no 4054 on the Protection of Competition (the Act no 4054) by means of setting the resale price of its buyers has been concluded.
According to the Competition Board decision dated 01.08.2024 and numbered 24-32/757-318, it has been decided that
- HAKS Kimya violated article 4 of the Act no 4054 by setting the resale prices of its buyers,
- The said practices cannot benefit from block exemption provided by the Block Exemption Communiqué no 2002/2 on Vertical Agreements, the practices in question cannot be granted individual exemption, either,
- Therefore, according to Article 16(3) of the same Act, and Article 5(1)(b) and 5(2) and 5(3)(a) of the Regulation on Fines to Apply in cases of Agreements Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position, on the basis of the annual gross revenues in 2023, by discretion, HAKS Kimya shall be imposed 1.941.954,27-TL administrative fines.