The complaint submitted by Avea İletişim Hizmetleri A.Ş., which included the claims that Turkcell İletişim Hizmetleri A.Ş. and Kule Hizmet ve İşletmecilik A.Ş. which is under the former company's control signed agreements concerning the lease of areas to be used for the construction and operation of base stations only on the condition that the leasing party did not rent the immovable asset concerned to another person or organization operating with the same purpose and that agreements concluded with this proviso foreclosed the market to competitors and preventing competition in the market, was re-evaluated by the Competition Board after the decision on the subject dated 22.04.2009 and numbered 09-07/381-90 was annulled by the 13th Chamber of the Council of State.

After examining the information, evidence and the findings included in the file in its meeting of 13.08.2013, the Board concluded an investigation should be initiated under article 41 of the Act no 4054 on the Protection of Competition concerning Turkcell İletişim Hizmetleri A.Ş.

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 initiated in order to establish whether articles 4 and 6 of the Act no 4054 were violated through the exclusive agreements concerning the construction of base stations to which Turkcell İletişim Hizmetleri A.Ş. is a direct or indirect party as well as through certain practices of the aforementioned undertaking.


*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.