Investigation Concerning Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti., Microsoft Corporation and Microsoft Ireland Operations Limited Concluded (4.7.2013)

The investigation which was conducted in order to determine whether Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti., Microsoft Corporation, Microsoft Ireland Operations Limited violated the Act no 4054 by obstructing the operations of Gelecek Bilişim ve İletişim A.Ş. through applying pressure to distribution channels and through discount systems was concluded.

The investigation was launched as a result of the preliminary inquiry, which was started within the framework of the re-evaluation of the file following the annulment of the Board Decision dated 27.05.2008 and numbered 08-35/465-165 by the 13th Chamber of the Council of State. During the investigation phase, it was examined whether the undertaking in question put pressure on computer manufacturers not to sell and advertise Gelecek Bilişim ve İletişim A.Ş. products, and whether the discounts and aids utilized in the sales of operating systems were discriminatory or exclusionary for competitors.

As a result of the discussion of the file by the Competition Board on 13.06.2013, it was decided UNANIMOUSLY that

  • Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti.
  • Microsoft Corporation
  • Microsoft Ireland Operations Limited 

did not violate article 6 of the Act no 4054 by applying pressure on distribution channels or through the discounts, campaigns or rebate aids they implemented and therefore there was no need to impose administrative fines on the above-mentioned under article 16 of the same Act.

Click here for the text of the pronouncement dated 13.06.2013 and numbered 13-36/481-211, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.