Investigation Concerning Undertakings Operating in the Production and/or Distribution of Fresh Yeast Concluded. (25.8.2023)

The Competition Board concluded the investigation launched with the Board Decisions dated 25.11.2021, numbered 21-57/795-M and dated 22.09.2022, numbered 22-43/627-M to determine whether undertakings operating in the production and/or distribution of fresh yeast violated Article 4 of the Act no 4054 on the Protection of Competition by colluding to maintain prices and allocating customers.

With respect to Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ, which was one of the parties concerned, the investigation was terminated with a settlement with the Competition Board Decision dated 10.11.2022 and numbered 22-51/769-316. The Decision in question found that the undertakings operating in the distribution of fresh baker’s yeast colluded to maintain prices, allocated customers with Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ playing a facilitating role for the aforementioned practices, that Lesaffre Turquie Mayacılık Üretim ve Ticaret AŞ thus violated Article 4 of the Act no 4054 and therefore the undertaking in question should be imposed an administrative fine of 73,851,619.33 TL.

It was decided that, of the undertakings under investigation;

Mauri Maya San. AŞ violated Article 4 of the Act no 4054 on the Protection of Competition by ensuring the enforcement, coordination, maintenance and control of the price fixing and/or customer/region allocation agreements between the undertakings operating in the field of fresh yeast distribution, and therefore administrative fines should be imposed on the undertaking concerned,

Pak Gıda Üretim ve Pazarlama AŞ should not be imposed administrative fines since there are no findings to show that the undertaking concerned violated the Act no 4054,

Mauri Maya San. AŞ also violated Article 4 of the Act no 4054 by fixing the resale prices of the undertakings operating downstream and thus administrative fines should be imposed on the undertaking concerned,

Of the investigated undertakings in the distribution of fresh yeast, those titled

  1. Adatepeler Maya Gıda San. Tic. Ltd. Şti.,
  2. Barut Gıda/ Fahrettin BARUT,
  3. Batuğ Endüstriyel Gıda San ve Tic. Ltd. Şti.,
  4. Çınar Mayacılık Gıda Tarım Meşrubat Sanayi ve Ticaret Ltd. Şti.,
  5. Delice Turka Mak. Gıda San. ve Tic. Ltd. Şti.,
  6. Güldemirler Ticaret/Dilek GÜLDEMİR,
  7. Hamra Pazarlama Ahmet Şen,
  8. Haskat Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.,
  9. Kılınçoğlu Maya ve Gıda Pazarlama Tic. San. Ltd. Şti.,
  10. Mag&Pa Gıda Maya Fırın Mlz. Paz. İml. San. ve Dış Tic. AŞ,
  11. Motus Gıda Pazarlama Sanayi ve Ticaret Ltd. Şti.,
  12. Muratlar Fırıncılık Çözümleri Maya Gıda San. ve Dış Ticaret Ltd. Şti.,
  13. Öztürk Maya Gıda Toptan Paz. Ltd. Şti. ve
  14. Shk Gıda Tarım Temizlik ve Petrol Ürünl. San. Tic. Ltd. Şti.

violated Article 4 of the Act no 4054 through price maintenance, customer/region allocation and/or restriction of supply, and therefore administrative fines should be imposed on the undertakings concerned,

 

Of the investigated undertakings in the distribution of fresh yeast, those titled

 

  • Çize Gıda Pazarlama Ltd. Şti.,
  • Güçbir Gıda Tekstil Turizm İnşaat Sanati ve Nak. AŞ,
  • Oluşum Gıda Paz. Ltd. Şti.,
  • Orkide Altın Dünyası Kuy. Gıda İnş. Tur. Mob. Day. Tük. Mal. Ltd. Şti.,
  • Özpak Gıda Paz. San. ve Tic. Ltd. Şti.,
  • Özpak Gıda San. ve Tic. AŞ ve
  • Uludüz Gıda Paz. San. Tic. Ltd. Şti.

should not be imposed administrative fines, since there are no findings to show that the Act no 4054 was violated by the undertakings concerned.

Click here for the text of the pronouncement for the decision dated 17.08.2023 and numbered 23-39/755-264, the reasoned version of which will be notified later and which may be appealed before Ankara Administrative Courts.