Investigation about the claim that Unilever San. ve Tic. Türk A.Ş. and Advertising Self-Regulatory Board complicated the activities of competitors jointly or alone was concluded.

The investigation started after Ankara 10th Administrative Court annulled the Board decision dated 13.06.2013 and numbered 13-36/470-206 concerning the same issue.

According to the Board decision dated 13.06.2013 and numbered 13-36/470-206, "the complaint shall be rejected and an investigation shall not be opened as per article 41 of the Act no 4054."

The complainant appealed the decision and Ankara 10th Administrative Court annulled the Board decision in question with its decision dated 27.05.2014 and numbered 2013/1641 E., 2014/590 K. Briefly Ankara 10th Administrative Court stated that "In the matter in dispute, the complainant claimed mainly that Unilever, which is dominant in the market, is represented effectively in Advertising Self-Regulatory Board and tries to hinder the complainant's activities in the market through Advertising Self-Regulatory Board, the recommendation about broadcasting complainant's advertisements goes beyond a recommendation because of Unilever's influence on advertisement channels and its advertisements have been ceased unjustly. However, it was observed that the plaintiff did not investigate thoroughly whether Unilever abused its influence and dominant position in the market, the structure of Advertising Self-Regulatory Board and whether dominant firms may impose anticompetitive sanctions in that structure; serious and important competition infringements as claimed by the complainant can only be enlightened as a result of the assessments and analyses made as a result of an investigation, the decision taken without an in-depth analysis and assessment not to open an investigation does not comply with the law."

The investigation conducted upon that decision analyzed, by taking into account the points stated in the Court decision, whether Unilever San. ve Tic. Türk A.Ş. and Advertising Self-Regulatory Board violated articles 4 and 6 of the Act no 4054.

It was decided that Unilever San. ve Tic. Türk A.Ş. and Advertising Self-Regulatory Board did not violate articles 4 and 6 of the Act no 4054; thus it was not necessary to impose administrative fines on the said undertakings according to article 16 of the same Act.

Click here for the text of the pronouncement (in Turkish) dated16.10.2015 and numbered 15-38/631-214, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.