After examining the information, evidence and the findings gathered in the preliminary inquiry in its meeting of 09.08.2012, the Board concluded that the findings were significant and sufficient, and decided to open an investigation under article 41 of the Act no 4054 on the Protection of Competition concerning the following undertakings, in order to determine whether there was a violation of article 4 of the same Act:
- Linde Gaz A.Ş.,
- Yalızlar Sınai ve Tıbbi Gazlar Teknik Hırdavat Makine Sanayi ve Ticaret A.Ş.,
- Orsez Sınai Tıbbi Gazlar ve Kimyevi Maddeler Ticaret Sanayi Ltd. Şti.
Article 4 of the Act no 4054 prohibits all anti-competitive agreements and concerted practices between undertakings. The investigation was initiated in order to determine whether the aforementioned three undertakings violated article 4 of the Act no 4054 in industrial gas sales by engaging in practices such as allocating customers, avoiding to submit competitive bids to customers and exchanging information concerning bids.
*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.