Investigation Concerning Nuh Çimento Sanayi A.Ş. and Nuh Beton A.Ş. Initiated (14.4.2015)

As a result of the decision of 13th Chamber of Council of State, the Competition Board reevaluated the application about the complaint that Nuh Çimento A.Ş. was dominant in Anatolian side of Istanbul (including Izmit), applied below-cost cement prices for Nuh Beton A.Ş. and in this way violated the Act no 4054 by means of price squeezing The preliminary inquiry conducted related to the abovementioned claims examined whether the conditions for price squeezing and refusal to supply existed and the Board took a decision on 07.10.2010 with the number 10-63/1317-494 that the complaint shall be rejected and an investigation shall not be initiated. However the Board decision in question was annulled by the decision of 13th Chamber of Council of State dated 25.11.2014 and numbered E: 2011/69, K: 2014/3739.

Consequently, discussing the information and documents in the file in its meeting dated 26.03.2015, the Board decided to initiate an investigation concerning the following undertakings according to article 41 of the Act no 4054 on the Protection of Competition:

- Nuh Çimento Sanayi A.Ş. and
- Nuh Beton A.Ş.

As it is known, article 6 of the Act no 4054 prohibits abuse of dominant position. The investigation was initiated in order to establish whether the abovementioned undertaking violated article 6 of the Act no 4054 by means of price squeezing in the ready-mixed cement market by using its power stemming from its dominant position.

*Investigation decisions taken by the Competition Board are announced to the public following the notification of the decision to the undertakings or associations of undertakings under investigation. Those announcements, which are made within the framework of informing the public about the decisions of the Competition Board, cannot be interpreted to mean that the undertakings or associations of undertakings about which the investigation is opened have violated the Act no 4054, or they are or will be subject to penal sanctions under the Act.