Investigation Launched Concerning Aygaz A.Ş. (19.8.2015)

In response to the decision of the 16th Chamber of the Ankara Administrative Court, the Competition Board re-evaluated the claim that Aygaz A.Ş. vioalted the Act no 4054 by maintaining sales prices of its dealers.

In the previous preliminary inquiry conducted due to the aforementioned complaint, on 13.03.2013, with the decision numbered 13-14/204-105, the Competition Board had decided that launching an investigation under article 41 of the Act no 4054 on the Protection of Competition (Act no 4054) concerning the claims of the file was not necessary. However, in light of the findings and indications obtained, it was also decided that an opinion should be send to the relevant undertaking under article 9(b) of the Act no 4054 stating that intervening in the sales prices of the dealers fell under article 4 of the Act no 4054, as such it was a practice that should be avoided, and that in case of a failure to comply, proceedings would be started under the Act no 4054. Later, the aforementioned Board decision was annulled by the 16th Chamber of the Ankara Administrative Court decision dated 14.05.2015 and numbered 2013/1478 E., 2015/655 K.

The Board, after discussing the information and documents included in the file on its meeting of 05.08.2015, decided, with the number 15-33/477-M, that, in consideration of the points raised in the aforementioned Court decision, an investigation should be launched concerning Aygaz A.Ş. under article 41 of the Act no 4054 in order to determine whether article 4 of the same Act was violated.

Article 4 of the Act no 4054 prohibits anti-competitive agreements and concerted practices between undertakings. The investigation was initiated in order to determine whether Aygaz A.Ş. violated article 4 of the Act no 4054 by maintaining resale prices for its dealers.

*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.