The investigation, which was opened with the Competition Board Decision dated  04.07.2024 and numbered 24-28/679-M about OİB and ZES to determine whether article 4 and/or 6 of the Act no 4054 on the Protection of Competition (the Act no 4054) was violated due to exclusivity practices in the market for electric vehicle charging service on İstanbul-İzmir Highway (O-5 Highway) and about OİB to determine whether article 6 of the Act no 4054 was violated by means of discrimination among the undertakings operating in the market for electric vehicle charging service on O-5 Highway, was concluded. OİB operates the highway service stations called “Oksijen” and ZES operates electric vehicle charging stations.

During the investigation, as a result of the settlement process, OİB and ZES admitted that they violated article 4 of the Act no 4054 due to the exclusivity granted to ZES between 01.06.2018 and 02.06.2022 under the scope of the contract between OİB and ZES for installing and operating Zes brand charging stations in highway stations called Oksijen on O-5 Highway. In this framework, it was decided that the investigation shall be ended with settlement in terms of the practices of ZES and OİB related to contractual exclusivity with final settlement decisions taken on  27.12.2024 and 09.01.2025. In terms of the said practices as a result of settlement, 25% reduction was made and ZES was fined 1.707.963,45 TL and OİB was fined 6.025.703,83 TL

In addition, OİB made a commitment application in relation to the claim that there were provisions in the contracts signed between OİB and undertakings operating in electric vehicle charging service market for installing and operating charging stations in Oksijen stations on O-5 Highway during the investigation.

As a result of the process, in the meeting of the Board dated 13.02.2025, it was decided that the commitments submitted by OİB in the final commitment text shall be accepted and the investigation shall be terminated. Basically, according to the commitment text, OİB

• Shall not sign an exclusive contract with any undertaking offering electric vehicle charging services on O5 Highway,
• Shall not carry out practices that may lead to discrimination among undertakings in issues such as project entrance fee, deposit, revenue sharing rate and general expense share in the agreements to be made with undertakings that operate or that will operate in Oksijen stations on O5 Highway,
• Shall arrange the current contracts within this scope,
• Shall inform the Competition Authority every six months for five years so that compliance with the commitments can be monitored.

Thus, the competitive concerns in the market for electric vehicle charging stations on O-5 highway are resolved, consumers that will get charging services on O-5 Highway have more choices and the market for O-5 Highway charging services is opened to competition.