The investigation initiated with the Competition Board decision dated 04.11.2014 and numbered 14-43/790-M in order to determine whether Türk Telekomünikasyon A.Ş. violated the Act no 4054 by delaying, complicating and/or blocking facility sharing applications submitted.

The investigation was launched as a result of the preliminary inquiry which was conducted in response to the application claiming that Türk Telekomünikasyon A.Ş. abused its dominant position by delaying, complicating and/or blocking the facility sharing applications it received from Vodafone Net İletişim Hizmetleri A.Ş. in relation to the ports the latter had to establish in order to utilize the fiber optic infrastructure over which it acquired usufruct rights after winning the tender opened by Türkiye Elektrik İletim A.Ş. During the investigation process, applications submitted by Superonline İletişim Hizmetleri A.Ş. and TurkNet İletişim Hizmetleri A.Ş. were also included in the assessment.

The investigation in question assessed whether certain conditions introduced by Türk Telekomünikasyon A.Ş. for other operators within the context of the facility sharing applications it received, including period, fee and other contract provisions amounted to a refusal to deal, and it examined whether the aforementioned undertaking thereby violated article 6 of the Act no 4054.

As a result of the discussion of the case by the Competition Board on 09.06.2016, it was decided that through certain practices concerning the facility sharing applications it received, Türk Telekomünikasyon A.Ş. had violated article 6 of the Act no 4054 by refusing to deal and therefore the undertaking in question should be imposed an administrative fine in accordance with article 16 of the same Act.

Click here for the text of the pronouncement (in Turkish) for the decision dated 09.06.2016 and numbered 16-20/326-146, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.