Investigation Launched on Doğan TV Digital Platform İşletmeciliği A.Ş., Mozaik İletişim Hizmetleri A.Ş. and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (8.6.2015)

In response to the decision of the 17th Administrative Court of Ankara, Competition Board re-evaluated the complaint involving the claim that Doğan TV Digital Platform İşletmeciliği A.Ş., Mozaik İletişim Hizmetleri A.Ş. and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. abused their dominant positions by refusing Sinema Televizyon Yayıncılık ve Prodüksiyon A.Ş. access to the satellite platform.

Previously, the conduct of Doğan TV Digital Platform İşletmeciliği A.Ş., Mozaik İletişim Hizmetleri A.Ş. and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. was examined during the preliminary inquiry conducted as a result of the aforementioned complaint, as a result of which a decision was taken on 20.05.2014 with the number 14-18/345-152 to reject the complaint and not to launch an investigation. However, the suit filed by the complainant concluded with the 17th Administrative Court of Ankara annulling the Board decision in question with a decision dated 25.02.2015 and numbered 2014/1365 E., 2015/255 K.

The Board, after discussing the information and documents included in the file in its meeting of 24.04.2015 and in consideration of the concerns pointed out in the relevant court decision, took the decision numbered 15-22/269-M, initiating an investigation on

- Mozaik İletişim Hizmetleri A.Ş.
- Doğan TV Digital Platform İşletmeciliği A.Ş.
- Krea İçerik Hizmetleri ve Prodüksiyon A.Ş.

in accordandance with article 41 of the Act, in order to determine whether articles 4 and/or 6 of the Act no 4054 was/were violated with relation to the claims of the complaint.

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 launched in order to determine whether the aforementioned undertakings violated articles 4 and 6 of the Act no 4054.

*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.