Competition Board came to a decision concerning the preliminary investigation initiated in response to the complaint application which included the claims that Mey İçki San. ve Tic. A.Ş. prevented the sales of competing products at points of sales, made use of exclusivity to the advantage of its own products, obstructed the operations of its competitors and thereby violated article 4 and 6 of the Act no 4054 on the Protection of Competition.
After examining the information, evidence and the findings gathered in the preliminary inquiry in its meeting of 14.02.2013, the Board concluded that an investigation should be initiated concerning Mey İçki San. ve Tic. A.Ş. in accordance with article 41 of the Act no 4054, in order to determine whether
- article 4 of the same Act was violated through practices which aimed or resulted in exclusivity at final points of sales, and
- there was an abuse of dominant position in violation of article 6 of the same Act though practices aimed at excluding the competitors from the markets and/or foreclosuing the markets to competitors.
As is known, article 4 of the Act no 4054 prohibits anti-competitive agreements and concerted practices between undertakings, while article 6 prohibits abuses of dominant position. The investigation was opened in order to determine whether the Act was violated in relation to these two articles.
* Investigation decisions taken by the Competition Board are announced to the public following the notification of the decision to the undertakings or associations of undertakings under investigation. These declarations, which are made within the framework of informing the public on Competition Board decisions, can not be interpreted to mean the undertakings or associations of undertakings under investigation have violated the Act no 4054 and that they have faced or will face sanctions under the Act.