The Competition Board reevaluated the application about the claims that Solgar Vitamin ve Sağlık Ürünleri San. ve Tic. Ltd. Şti. refused to supply goods to Anadolumed Ecza Deposu Tic. A.Ş., abused its dominant position by making discrimination and violated articles 4 and 6 of the Act no 4054 upon the decision of 13th Chamber of Council of State.
The preliminary inquiry made previously due to the said complaint examined the practices of Solgar Vitamin ve Sağlık Ürünleri San. ve Tic. Ltd. Şti. and a decision numbered 10-59/1204-454 was taken on 16.09.2010 to reject the complaint and not to initiate and investigation. 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: 2011/147, K: 2014/3739 as a result of the action filed by the complainant.
Consequently, discussing the information and documents in the file in its meeting dated 26.03.2015, the Competition Board took a decision numbered 15-13/180-M to initiate an investigation concerning Solgar Vitamin ve Sağlık Ürünleri San. ve Tic. Ltd. Şti. according to article 41 of the Act no 4054.
As it is known, article 4 of the act no 4054 prohibits agreements and concerted practices between undertakings that restrict competition and article 6 prohibits abuse of dominant position. The investigation was initiated in order to establish whether the aforementioned undertaking violated articles 4 and 6 of the Act no 4054 by means of refusing to supply goods.
*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.