As a result of the decision of the Council of State Chamber of Administrative Trials, the Competition Board reevaluated the application including the claims that Türk Telekomünikasyon A.Ş. abused its dominant position in submarine and terrestrial fiber optic cables.

The complainant resorted to jurisdiction with respect to the Board decision dated 16.02.2006 and no 06-13/155-39 taken after the preliminary inquiry and 13th Chamber of the Council of State dismissed the case on the grounds that that the decision was not contrary to law. At the appeal stage, the reversing decision of the Council of State Chamber of Administrative Trials provided for that an investigation should be initiated to analyze the claims further in detail; therefore, the Board decision that was the subject of the case and the decision of the Chamber that dismissed the case were not in compliance with law.

Consequently, discussing the information and documents in the file in its meeting dated 28.11.2013, the Board decided to initiate an investigation concerning Türk Telekomünikasyon A.Ş. according to article 41 of the Act no 4054 on the Protection of Competition.

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 determine whether Türk Telekomünikasyon A.Ş. abused its dominant position in submarine and terrestrial cables by failing to respond to request for information by the complainant about leased line tariffs and by making discrimination.

*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.