Investigation on Frito Lay Gıda San. Tic. A.Ş. Concluded (19.9.2013)

The investigation, which was conducted in order to determine whether Frito Lay Gıda San. Tic. A.Ş. violated articles 4 and 6 of th Act no 4054 on the Protection of Competition by its practices aimed at ensuring exclusive sales of its products at the points of sales for packaged chips, was concluded.

The investigation was initiated in response to a complaint that included the claims that Frito Lay Gıda San. Tic. A.Ş. engaged in practices which would lead to actual and contractual exclusivity aimed at excluding competitors and/or foreclosing markets, and therefore also acting in violation of the Competition Board decision which prohibited such actions and practices by Frito Lay Gıda San. Tic. A.Ş. During the investigation phase, it was examined whether Frito Lay Gıda San. Tic. A.Ş. engaged in practices aimed at the exclusive sales of its products and at preventing their competitors from entering final points of sales or removing their competitors from such points of sales, and whether any such practice was of an institutional, common and systematic nature.

As a result of the discussion of the contents of the file by the Competition Board on 29.08.2013, it was decided that Frito Lay Gıda San. Tic. A.Ş. violated article 4 of the Act no 4054 through practices aimed at ensuring exclusive sales of its products at the final points of sales and therefore administrative fines should be imposed on the undertaking in question.

Click here for the text of the pronouncement (in Turkish) dated 29.08.2013 and numbered 13-49/711-300, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.