Following 13th Chamber of the Council of State's annulment of the Board decision dated 11.09.2008 and numbered 08-52/792-321, Competition Board re-evaluated the complaint submitted by the Turkish Competitive Telco Operators Association which included he claim that Türk Telekomünikasyon A.Ş. abused its dominant position by setting its retail tariffs for final consumers below its wholesale tariffs for operators of long distance telephony services.
After examining the information, evidence and the findings gathered in the preliminary inquiry in its meeting of 03.01.2013, 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 Türk Telekomünikasyon A.Ş.
As is known, article 6 of the Act no 4054 prohibits abuses of dominant position, and the investigation was initiated in order to establish whether such an infringement was committed.
*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.