The investigation, which aimed to determine whether Nuh Çimento Sanayi A.Ş. and Nuh Beton A.Ş. violated article 6 of the Act no 4054 by engaging in price squeeze practices in the ready-mix concrete market through the exercise of their market power arising from their dominant position in the cement market for Anatolian side of Istanbul (including İzmit) was concluded.

The investigation was launched following the annulment, by the 13th Chamber of the Council of State decision dated 25.11.2014 and numbered E: 2011/69, K: 2014/3739, of the Board decision dated 07.10.2010 and numbered 10-63/1317-494, which rejected the complaint in accordance with article 41 of the Act no 4054 and found there was no need to initiate an investigation.

The investigation was launched with the Competition Board decision dated 26.03.2015 and numbered 15-13/182-M, and it examined whether Nuh Çimento Sanayi A.Ş. and Nuh Beton A.Ş. violated article 6 of the Act no 4054, taking the issues pointed out in the aforementioned Court decision into consideration.

As a result of the discussion of the file at the Competition Board meeting of 18.02.2016, with the decision dated 16-05/118-53 it was decided that Nuh Çimento Sanayi A.Ş. and Nuh Beton A.Ş. did not violate article 6 of the Act no 4054 and that imposing administrative fines on the undertakings in question was not necessary.

Click here for the text of the pronouncement (in Turkish) for the decision dated 18.02.2016 and numbered 16-05/118-53, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.