The investigation, which was conducted in order to determine whether bakeries operating in the Didim district of the Aydın province violated article 4 of the Act no 4054 on the Protection of Competition by fixing bread sales prices for bread, was concluded.

The investigation was initiated on 18.07.2013, in response to an information received claiming that the bakeries in question conspired to eliminate competition in bread prices.

During the investigation phase, the 14 undertakings under investigation made successive applications on 24.09.2013 to benefit from the Regulation on Active Cooperation for Detecting Cartels (Leniency Regulation), and accepted that a cartel had been in existence in January, 2013.

In addition, the undertakings in question voluntarily forewent submitting written pleas in response to the investigation report and did not request a hearing. However, as specified in the Guidelines on the Guidelines on the Explanation of the Regulation on Active Cooperation for Detecting Cartels, those applying for leniency may build a defense within the framework of the procedures laid out in the Act no 4054, provided they refrain from statements conflicting with the information and documents submitted during the application, particularly in the form of denying any participation in the cartel. The parties, however, chose not to exercise this right.

As a result of the discussion of the contents of the file by the Competition Board on 22.01.2014, administrative fines for imposed on the following undertakings for violating article 4 of the Act no 4054 for jointly fixing bread sales prices during January 2013:

-       Altınbaşak Ekmek Fırını-Mehmet AYDIN,

-       Ay Ekmek ve Unlu Mamuller-Hasan YENİTÜRK,

-       Balcı Ekmek ve Unlu Mamulleri-Gökhan BALCI,

-       Bulvar Unlu Mamulleri-Gülay KARAKELLE,

-       Didima Gıda Üretim Pazarlama Ticaret Turizm İnşaat ve Sanayi Ltd. Şti.,

-       Ege Ekmek-İbrahim YARDIMCI,

-       Ekin Ekmek Unlu Mamulleri-Şerife AYDOĞDU,

-       Gözüm Gıda Turizm Seyahat İnşaat Nakliye Petrol Temizlik Maden İthalat İhracat Sanayi ve Ticaret Ltd. Şti.,

-       Güroğlu Efecan Ticaret Gıda İnşaat Ltd. Şti.,

-       Hitit Ekmek ve Unlu Mamulleri-Ali MADAK,

-       Kılıçoğlu Unlu- Mamuller Müslüm KILIÇ,

-       Özkale Unlu Mamuller İnşaat Turizm Konaklama Ticaret Ltd. Şti.,

-       Üç Aslan Unlu Mamuller Gıda Tekstil Emlak İnşaat Seyahat Turizm Nakliyat Hafriyat İthalat İhracat Sanayi Ticaret Ltd. Şti.,

-       Yeşil Karadeniz-Hasan MERCAN.

However, when setting the administrative fines, the maximum discounts laid out in the Regulation on Fines to Apply In Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (Regulation on Fines) and Leniency Regulation were applied in light of the fact that the undertakings under investigation submitted applications within the framework of the Leniency Regulation and assisted with the examination.

In determining the relevant discount rates, the goal was to "take account of such points as assistance with examinations and active 
cooperation while determining the fines, and thus promote them" as mentioned in the general preamble of the Regulation on Fines, and the principle followed was "those who make active cooperation with the Authority for detecting and investigating cartels should not be left in a disadvantageous position compared to those who do not cooperate," which was emphasized in both the Leniency Regulation and the related Guidelines.

Click here for the text of the pronouncement (in Turkish) for the decision dated 22.01.2014 and numbered 14-04/80-33, the reasoned version of which will be notified later and which can be appealed before Ankara Administrative Courts.