According to the Board decision dated 16.06.2022 and numbered 22-27/433-M, an investigation was opened with the claim that Obilet Bilişim Sistemleri AŞ violated article 6 of the Act no 4054 by means of determining excessive ticket sale commission rates it applies to bus companies for intermediary services for ticket sales and excluding its competitors in the markets for ticketing software service, sale of bus tickets via platforms and distributing trip data to platforms, and violated article 4 of the Act no 4054 by means of the contracts it signed in the market for the sale of bus tickets via platforms. Afterwards, new claims that fell under the scope of the file were added to the investigation with the Board decision dated 13.10.2022 and numbered 22-47/683-M.
While the investigation process was ongoing, Obilet Bilişim Sistemleri AŞ applied for initiating the commitment procedure related to the competitive concerns in the file. As a result of the discussions made, a commitment package was submitted to eliminate the concerns raised in relation with Obilet Bilişim Sistemleri Aş’s practices that might lead to tying ticketing software service for bus transport with the sale of bus tickets via platforms and in relation with online advertisement bans and communication ban in the contracts made between Obilet Bilişim Sistemleri AŞ and competing platforms. Third party opinions were also received about the said commitment package.
At the end of the commitment procedure, a result of the discussion of the file by the Competition Board on 15.06.2023, the decision numbered 23-27/521-177 has been taken that in terms of Obilet Bilişim Sistemleri Aş’s behavior that is considered likely to violate articles 4 and 6 of the Act no 4054, the final commitments which Obilet Bilişim Sistemleri AŞ submitted within the scope of the final commitment text saved in the Competition Authority’s registry with the letter dated 30.05.2023 and numbered 39157 shall be accepted as they are able to solve the competition problems detected within the scope of the file and the commitments in the final commitment text shall be made binding for Obilet Bilişim Sistemleri AŞ and Biletal İç ve Dış Ticaret AŞ, which is actually under the control of Obilet Bilişim Sistemleri AŞ, and the investigation conducted about Obilet Bilişim Sistemleri AŞ according to Board decisions dated 16.06.2022 and numbered 22-27/433-M and dated 13.10.2022 and numbered 22-47/683-M shall be terminated.
OBİLET’s accepted commitments will be included in the reasoned decision in detail. The commitments submitted can be summarized as follows:
1. OBİLET has prepared online ticket sale contract text without software service for transportation firms that use different ticketing software and has started to sign those with transportation. In the model implemented according to the said contract, transportation firms will only pay Sale-Distribution-Marketing commission fee to OBİLET.
2. In case a transportation firm, which is currently using OBİLET’s ticketing software, decides to use another software, this will not constitute a reason for closing that transportation firm to sale over OBİLET platform and OBİLET will not engage in discriminatory or exclusionary behavior against the transportation firm.
3. A transportation firm can only be closed to sale via obilet.com platform in case it violates legislation provisions in effect and principal obligations, irrespective of the ticketing software it uses.
4. OBİLET has developed a new business model and prepared an example contract to be signed with companies offering ticketing software services in terms of conveying trip data to OBİLET. Ticketing software companies’ service for OBİLET only consists of conveying trip data. On this occasion, OBİLET will pay the relevant companies commission for conveying trip data.
5. OBİLET will not impose online advertisement ban in terms of the brands of transportation companies whose trip data are distributed to competing online sale platforms.
6. OBİLET will not impose comprehensive online advertisement ban on competing online sale platforms in terms of OBİLET/BİLETALL brands.
7. The contract provisions by means of which OBİLET prevents competing online sale platforms from communicating with transportation firms whose trip data are distributed are abolished; online sales platforms will not be prevented from communicating with transportation firms.
8. In relation with the commitment no 7, according to OBİLET’s new business model, transportation firms can communicate with online ticket sale platforms directly; in this case, OBİLET will be responsible for only conveying the trip data of the relevant transportation firm to the platform. In this business model, OBİLET will not engage in discriminatory or exclusionary behavior against transportation firms.
9. Concerning ticket sales by online ticket sale platforms that get services from OBİLET, OBİLET has added a reporting screen to the software, where transportation firms can see the amount of ticket sales made by each platform and OBİLET will not charge transportation firms or platforms for this.
10. OBİLET will make an announcement and inform the transportation firms which use its ticketing software about the commitments.