In response to a decision of the 13th Chamber of the Council of State, the Competition Board re-evaluated the application, which claimed that various fuel distribution companies unfairly restricted competition and freedom of contract through abusing usufruct rights by preventing their dealers to purchase autogas LPG from companies other than themselves of LGP distribution companies indicated by them.

The preliminary inquiry conducted previously had examined the practices in question and the decision dated 01.10.2009 and numbered 09-43/1093-274 had found that the complaint should be rejected and an investigation should not be initiated. However, the aforementioned Board decision was annulled with the 13th Chamber of the Council of State's decision dated 14.11.2016 and numbered 2010/609 E., 2015/3707 K.

After discussing the information and documents included in the file in its meeting of 20.04.2017, the Board took the decision no 17-13/166-M in light of the issues raised in the relevant court decision to launch an investigation on

• OMV Petrol Ofisi A.Ş.,
• Milan Petrol San. Tic. A.Ş. 
• TP Petrol Dağıtım A.Ş.

under article 41 of the Act no 4054 in order to determine whether articles 4 and 6 of the same Act were 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.

* 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.