The investigation conducted to determine whether Volkan Metro Turizm Seyahat ve Nakliyat Tic. Ltd. Şti. (Volkan Seyahat), which is operating Edirne Bus Terminal, violated article 6 of the Act no 4054 by refusing to rent offices to competing undertakings has been concluded.

The investigation was initiated upon various complaints in order to establish whether Volkan Seyahat, which acquired the operating right of Edirne Intercity Bus Terminal, violated article 6 of the Act no 4054 by refusing to allocate places to undertakings engaged in road passenger transport and/or selling tickets.

At the investigation phase, the following issues were analyzed:

- whether Volkan Seyahat enjoys a dominant position in the upstream market for operating Edirne Intercity Bus Terminal and downstream market for intercity road passenger transport
- whether it refused to allocate places to competing undertakings and whether Edirne Terminal is objectively essential for those undertakings to operate;
- whether the conduct in question has justifiable grounds, eliminates competition in markets concerned and
- the harm on consumers caused by the conduct.

As a result of the discussion of the contents of the file by the Competition Board on 02.12.2013, it was decided that Volkan Turizm, which enjoys a dominant position in the upstream market and also operating in the downstream market violated article 6 of the Act no 4054 by refusing to make agreements with its competitors in the downstream market and therefore it should be imposed administrative fines.

Moreover the decision includes structural measures. Within this framework, natural and legal persons, particularly the contractor, should make their requests, offers and commitments in writing and in a way that can be supervised and those agreements should be documented to the Competition Authority. In addition, since exceeding 20% threshold for office ownership stipulated in the tender specifications for the bus terminal indirectly distorts competition in the market for intercity road transport in Edirne, an opinion regarding the necessary measures should be sent to Edirne Municipality. Besides, the Ministry of Transport, Maritime Affairs and Communications as well as the Ministry of Internal Affairs should be informed of the subject.

Click here for the text of the pronouncement (in Turkish) dated 02.12.2013 and numbered 13-67/928-390, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.