Investigation concerning Turkcell İletişim Hizmetleri A.Ş. Concluded (24.12.2013)

The investigation conducted to find whether Turkcell İletişim Hizmetleri A.Ş. (Turkcell) violated the Act no 4054 on the Protection of Competition by complicating its competitors' activities by means of its exclusive practices related to vehicle tracking services was completed.

The investigation started after 13th Chamber of the Council of State annulled the Board decision dated 02.04.2008 and numbered 08-27/306-97 concerning the same issue. The investigation analyzed whether Turkcell prevented business partner vehicle tracking firms and their dealers from providing / using GSM services of competing operators by imposing restrictions.

As a result of the discussion of the contents of the file by the Competition Board on 19.12.2013, it was decided that Turkcell violated article 6 of the Act no 4054 by complicating its competitors' activities by means of its exclusive practices related to vehicle tracking services; therefore the said undertaking shall be imposed administrative fines.

Moreover, according to article 9, paragraph one of the said Act, in order to establish competition, it was stated that Turkcell should avoid conduct of such nature. Accordingly, Turkcell is expected to effectively announce that its business partner vehicle tracking firms and their dealers can cooperate with competing operators, there are no barriers to launch competing operators' services and they could participate competitors' campaigns and they are not under any contractual or actual obligations to the contrary.

Click here for the text of the pronouncement (in Turkish) dated 19.12.2013 and numbered 13-71/988-414, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.