Investigation launched on Sodexo Avantaj ve Ödüllendirme Hizmetleri A.Ş., Edenred Kurumsal Çözümler A.Ş., Network Servisleri A.Ş., Multinet Kurumsal Hizmetler A.Ş., Winwin Hizmet Yönetimi Sanayi ve Ticaret A.Ş. and Set Kurumsal Hizmetler A.Ş. (21.6.2017)
Following a decision by the 13th chamber of the Council of State, Competition Board re-evaluated the application which included claims that Sodexo Motivasyon Çözümleri A.Ş. (current commercial title Sodexho Avantaj ve Ödüllendirme Hizmetleri A.Ş.) and Accor Servisleri International A.Ş. (current commercial title Edenred Kurumsal Çözümler A.Ş.) violated the Act no 4054 by collusive bidding, allocating bids and customers, jointly setting terms of sales and complicating sale conditions to geter and complicate competitors’ activities; that undertakings operating in meal coupon/card sector acted in collusion to get high commission at between 7 to 10% from restaurants, that meal coupon/card providers abuse their strong position in the agreement they signed with restaurants and buffets to gain unfair benefits, leading to market conditions which cause difficulties for the aforementioned businesses; and circulation of these coupons like a currency had negative effects on the salaries of the workers as well as on productivity.
In the preliminary investigation conducted into aforementioned complaint, these practices were examined, and was decided acquisition of the complaint and not to launch investigation with the decision numbered 10-47/862-299, taken on 01.07.2010, it was decided that the complaint should be dismissed and an investigation should not be launched. However, the Board decision in question was annulled within the 13th Chamber of the Council of State decision, dated 28.12.2016 and numbered 2010/4565 E., 2016/4508 K.
After discussing the information and documents included in the file in its meeting of 15.05.2017, the Board took issues raised in the relevant court decision under consideration, and decided with the decision numbered 17-16/224-M, to launch an investigation on
- Sodexo Avantaj ve Ödüllendirme Hizmetleri A.Ş.
- Edenred Kurumsal Çözümler A.Ş.
- Network Servisleri A.Ş.
- Multinet Kurumsal Hizmetler A.Ş.
- Winwin Hizmet Yönetimi Sanayi ve Ticaret A.Ş.
- Set Kurumsal Hizmetler A.Ş.
Under article 41 of the Act no 4054, in order to determine whether there was a violation of the aforementioned Act.
As known, Article 4 of the Act no 4054 prohibits anti-competitive agreements an concerted practices between undertakings while article 6 of the same Act 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 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.