The investigation about certain producers/suppliers and retailers operating in the fast moving consumer goods sector conducted in order to determine whether article 4 of the Act no 4054 on the Protection of Competition was violated has been concluded. It has been decided that

I.   

i) The following suppliers that are parties to the investigation

1.    Coca Cola Satış Dağıtım AŞ

2.    Doğanay Gıda Tarım ve Hayvancılık San. Tic. AŞ

3.    Düzey Tüketim Malları Sanayi Pazarlama ve Ticaret AŞ

4.    Eti Gıda San. ve Tic. AŞ

5.    Frito Lay Gıda Sanayi ve Ticaret AŞ

6.    Glaxosmithkline Tüketici Sağlığı AŞ

7.    Haribo Şekerleme Sanayi ve Ticaret Ltd. Şti.

8.    Pasifik Tüketim Ürünleri Satış ve Ticaret AŞ

9.    Pepsi Cola Servis ve Dağıtım Ltd. Şti.

10.    Red Bull Gıda Dağıtım ve Pazarlama Ticaret Limited Şirketi

11.    Şölen Çikolata Gıda Sanayi ve Ticaret AŞ

12.    Unmaş Unlu Mamuller Gıda Sanayi ve Ticaret AŞ

violated article 4 of the Act no 4054 by means of agreements or concerted practices with the nature of a hub and spoke cartel that aimed to fix retail sales prices through ensuring the coordination of sales prices and price increases among the retailers that are parties to the investigation and maintaining the coordination for their products, within this framework, acting as an intermediary for the exchange of competitively sensitive information such as retailers’ future prices and price changing dates; they are equally and jointly responsible for the violation together with the retailers; therefore, the abovementioned undertakings shall be imposed administrative fines,

ii) Sufficient evidence could not be found showing that Kent Gıda Maddeleri Sanayi ve Ticaret AŞ violated article 4 of the Act no 4054 by means of agreements or concerted practices with the nature of a hub and spoke cartel that aimed to fix retail sales prices through ensuring the coordination of sales prices and price increases among the retailers that are parties to the investigation and maintaining the coordination for its products, within this framework, acting as an intermediary for the exchange of competitively sensitive information such as retailers’ future prices and price changing dates;  therefore, it is not necessary to impose administrative fines to the undertaking concerned,

    iii)

- BİM Birleşik Mağazalar AŞ,

- CarrefourSA Carrefour Sabancı Ticaret Merkezi AŞ,

- Migros Ticaret AŞ,

-  Şok Marketler Ticaret AŞ

- Yeni Mağazacılık AŞ

coordinated prices and/or price increases by indirect contact through common suppliers; shared competitively sensitive information such as future prices, price increase dates, seasonal activities and campaigns through the common suppliers; intervened in the prices of undertakings which discounted prices or which did not increase their prices yet when prices in the overall market were increasing to ensure that the prices increased to the disadvantage of consumers;  constantly monitored compliance with the collusion by different strategies such as reducing (breaking) the prices specific to a product where the competitors’ prices did not increase; thus, the aforementioned undertakings violated Article 4 of the Act no 4054 by agreements or concerted practices with the nature of a hub and spoke cartel that aimed to fix the retail prices of many products they sold; therefore the said undertakings shall be imposed administrative fines according to article 16(3) of the Act no 4054. However, since they were imposed administrative fines according to the Board decision dated 28.10.2021 and numbered 21-53/747-360, within the framework of “ne bis in idem” principle, it is not necessary to impose new administrative fines under the scope of this investigation.

iv)   Beypazarı İçecek Pazarlama Dağ. Amb. Tur. Pet. İnş. San. ve Tic. violated article 4 of the Act no 4054 by means of agreements or concerted practices with the nature of a hub and spoke cartel that aimed to fix retail sales prices through ensuring the coordination of sales prices and price increases among the retailers that are parties to the investigation and maintaining the coordination for its products, within this framework, acting as an intermediary for the exchange of competitively sensitive information such as retailers’ future prices and price changing dates; it is equally and jointly responsible for the violation together with the retailers; therefore, the abovementioned undertaking shall be imposed administrative fines. However, since it was imposed administrative fines according to the Board decision dated 18.05.2022 and numbered 22-23/379-158, within the framework of “ne bis in idem” principle, it is not necessary to impose new administrative fines under the scope of this investigation.

II.   

i) The following suppliers that are parties to the investigation

1.    Coca Cola Satış Dağıtım AŞ

2.    Doğanay Gıda Tarım ve Hayvancılık San. Tic. AŞ

3.    Eti Gıda San. ve Tic. AŞ

4.    Frito Lay Gıda Sanayi ve Ticaret AŞ

5.    Haribo Şekerleme Sanayi ve Ticaret Ltd. Şti.

6.    Kent Gıda Maddeleri Sanayi ve Ticaret AŞ

7.    Pasifik Tüketim Ürünleri Satış ve Ticaret AŞ

8.    Pepsi Cola Servis ve Dağıtım Ltd. Şti.

9.    Şölen Çikolata Gıda Sanayi ve Ticaret AŞ

10.    Unmaş Unlu Mamuller Gıda Sanayi ve Ticaret AŞ

violated article 4 of the Act no 4054 by means of determining the resale prices of undertakings operating at the retail level; therefore the said undertaking shall be imposed administrative fines,

ii) Since sufficient evidence could not be found showing that Düzey Tüketim Malları Sanayi Pazarlama ve Ticaret AŞ and Red Bull Gıda Dağıtım ve Pazarlama Ticaret Limited Şirketi violated article 4 of the Act no 4054 by means of determining the resale prices of undertakings operating at the retail level; it is not necessary to impose administrative fines to the undertakings concerned,

III.    Since no evidence was found showing that Horizon Hızlı Tüketim AŞ violated the Act no 4054, it is not necessary to impose administrative fines to the undertaking concerned

with the decision subject to review before Ankara Administrative Courts within 60 days as of the notification of the reasoned decision.

Click here for the text of the pronouncement of the decision dated 15.12.2022 and numbered 22-55/863-357, the reason for which will be notified later and which can be appealed before Ankara Administrative Courts.