In response to the decision of the 13th Chamber of the Council of State, Competition Board re-evaluated the complaint claiming that Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic. A.Ş. abused its dominant position and that a purchase cartel was formed by the advertising undertakings which purchased the “Media Barometer” service provided by the aforementioned company.

In the preliminary inquiry previously conducted into the aforementioned complaint, the practices in question were examined and the decision dated 12.12.2014 and numbered 14-51/900-410 was taken stating that it was not necessary to launch an investigation under article 41 of the Act no 4054 and that an opinion should be rendered under article 9.1 of the same Act to those undertakings which procured the Media Barometer service from the relevant undertaking. This Board decision was annulled by the 16th Administrative Court of Ankara, and the annulment decision was upheld by the 13th Chamber of the Council of State decision dated 28.02.2017 and numbered 2016/4373 E, 2017/472 K.

After discussing the information and documents included in the file in its meeting of 01.06.2017, the Board took the issues raised in the relevant court decision into account and issued the decision no 17-18/264-M to launch an investigation on Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic. A.Ş. under article 41 of the Act no 4054 in order to determine whether the same Act was violated.

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.