Investigation Conducted on Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda San. ve Tic. A.Ş. Concluded (17.6.2016)

The investigation conducted with the Board decision dated 18.03.2015 and numbered ve 15-12/161-M in order to determine whether Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda San. ve Tic. A.Ş. violated articles 4 and 6 of the Act no 4054 has been concluded.

The investigation was launched to establish whether Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda San. ve Tic. A.Ş. Violated the Act no 4054 through its most-favored customer clauses and de facto exclusivity practices.

The investigation in question examined if Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda San. ve Tic. A.Ş. violated the Act no 4054 by its most favored customer clauses and by preventing competing platforms from providing better/different terms (including prices, discounts, promotions, menus, payment options, delivery regions and limits), by preventing advertisements of competing platforms, by offering promotions to restaurants in return for refusing to work with competing platforms as well as by the Joker program.

As a result of the discussion of the file by the Competition Board on 09.06.2016, it was decided that Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda San. ve Tic. A.Ş. had violated article 6 of the Act no 4054 and that administrative fines should be imposed on the aforementioned undertaking 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 16-20/347-156, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.