Competition Board concluded the investigation conducted in order to determine whether Linde Gaz A.Ş., Orsez Sınai Tıbbi Gazlar ve Kimyevi Maddeler Tic. ve San. Ltd. Şti. and Yalızlar Sınai ve Tıbbi Gazlar Hırdavat Makine San. ve Tic. A.Ş., all of which operate in the market for industrial, medical and specialty gases, violated article 4 of the Act no 4054 via practices aimed at fixing commercial terms related to prices and customers.

The investigation was initiated as a result of the preliminary inquiry conducted in response to the information received claimed that the aforementioned three undertakings restricted competition by allocating customers, by refusing to offer competitive prices to customers and by exchanging information of their bids. During the investigation phase, the nature of the commercial relationship between the three udnertakings was examined, together with their terms and practices of supply and sales.

As a result of the discussion of the file by the Competition Board on 29.08.2013, it was decided that article 4 of the Act no 4054 was violated with the restrictions Linde Gas A.Ş. placed on Orsez Sınai Tıbbi Gazlar ve Kimyevi Maddeler Tic. ve San. Ltd. Şti. and Yalızlar Sınai ve Tıbbi Gazlar Teknik Hırdavat Makine San. ve Tic. A.Ş. concerning the resale of its products, and that therefore administrative fines should be imposed on the undertaking in question.

However, it was stated that it was not necessary to impose administrative fines on Orsez Sınai Tıbbi Gazlar ve Kimyevi Maddeler Tic. ve San. Ltd. Şti. and Yalızlar Sınai ve Tıbbi Gazlar Teknik Hırdavat Makine San. ve Tic. A.Ş.

Click here for the text of the pronouncement (in Turkish) dated 29.08.2013 and numbered 13-49/710-297, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.