The investigation, conducted in order to determine whether Solgar Vitamin ve Sağlık Ürünleri Sanayi ve Ticaret Ltd. Şti. violated articles 4 and 6 of the Act no 4054 by abusing its dominant position by means of refusing to supply Anadolumed Ecza Deposu Tic. A.Ş., was concluded.

The investigation was launched following the 13th Chamber of the Council of State's annulment, with its decision dated 25.11.2014 and numbered 2011/147 E., 2014/3741 K., of the Competition Board decision dated 16.09.2010 and numbered 10-59/1204-454, which had concluded that the complaint should be rejected under article 41 of the Act no 4054 and that launching an investigation was not necessary.

The investigation initiated with the Competition Board decision dated 26.03.2015 and numbered 15-13/180-M took the issues listed in the aforementioned court decision into consideration and examined whether Solgar Vitamin ve Sağlık Ürünleri San. ve Tic. Ltd. Şti. violated articles 4 and 6 of the Act no 4054.

As a result of the discussion of the file by the Competition Board on 18.02.2016, it was decided that Solgar Vitamin ve Sağlık Ürünleri San. ve Tic. Ltd. Şti. did not violate the Act no 4054 and therefore imposing administrative fines on the undertaking in question was not necessary under article 16 of the same Act.

Click here for the text of the pronouncement (in Turkish) for the decision dated 18.02.2016 and numbered 16-05/116-51, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.