Investigation Initiated concerning Siemens San. ve Tic. A.Ş. (29.9.2015)
Upon a 13th Chamber of the Council of State decision, the Competition re-evaluated the claim that Siemens San. ve Tic. A.Ş. failed to fulfill the commitments specified in the Competition Board decision dated 18.02.2009 and numbered 09-07/128-39 and violated the Act no 4054 on the Protection of Competition (Act no 4054) by abusing its dominant position within the spare parts market for Siemens brand medical imaging and diagnostics devices.
In the previous preliminary inquiry conducted in response to the relevant complaint, in accordance with article 41 of the Act no 4054, it was decided on 21.10.2010 with the number 10-66/1408-527 that initiating an investigation was not necessary. Subsequently, the aforementioned Board decision was annulled with the 13th Chamber of the Council of State's decision dated 14.05.2015 and numbered 2011/317 E., 2015/1454 K.
After discussing the information and documents included in the file in its meeting of 01.09.2015, the Board, in light of the points raised in the Court decision, decided to launch an investigation concerning Siemens San. ve Tic. A.Ş., with the decision numbered 15-34/503-M.
Article 6 of the Act no 4054 prohibits abuses of dominant position. The investigation was initiated in order to determine whether Siemens San. ve Tic. A.Ş. violated article 6 of the Act no 4054 by failing to fulfill the commitments specified in the Competition Board decision dated 18.02.2009 and numbered 09-07/128-39 and abusing its dominant position.
*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, cannot 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 in question.