The investigation initiated in response to the application claiming that UN Ro-Ro İşletmeleri A.Ş. (UN Ro Ro) violated the Act no 4054 by engaging in exclusionary practices against UND Deniz Taşımacılığı A.Ş. (UND Deniz) in the ro-ro transportation services provided in the ro-ro lines between Turkey and Europe.

In the complaint application, UND Deniz claimed that

- UND Deniz was not allowed to use the ticket identification system or the service provision system aimed at transporting TIR drivers from Istanbul to Trieste and vice versa by plane, established by Un Ro Ro and Ulusoy Ro Ro;
- this situation was in violation of the conditional exemption decision of the Board numbered 03.04.2007 and dated 07-37/380-141;
- by implementing predatory pricing in the Pendik-Marseilles ro-ro line, UN Ro Ro foreclosed the this market to its competitor UND Deniz and also complicated its operations with various other practices in addition to pricing.

As a result of the discussion of the file at the Competition Board meeting of 01.10.2012, it was decided that UN Ro Ro's denial of UND Deniz's participation in the aforementioned ticket identification and service provision system did not constitute an abuse of dominant position under article 6 of the Act no 4054.

However, it was concluded that the relevant undertaking foreclosed the market to its competitor by implementing predatory pricing in the Pendik-Marseilles ro-ro line and also complicated the operations of its competitor with certain practices in addition to pricing, that these constituted abuses of dominant position under article 6 of the Act no 4054; consequently an administrative fine of TL 841,199.70 was imposed on UN Ro Ro. 

Click here for the text (in Turkish) of the pronouncement dated 01.10.2012 and numbered 12-47/1413-474, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.