The investigation launched in response to the claim that EssilorLuxottica S.A. violated Article 4 and 6 of the Act no 4054 on the Protection of Competition by its exclusionary practices aimed at obstructing aimed at the operations of its competitors in the optics market was concluded. 

After discussing the file on 17.08.2023, the Competition Board decided that EssilorLuxottica S.A. acted in violation of the commitments that were made binding with the decision dated 01.10.2018 and numbered 18-36/585-286 and therefore should be imposed administrative fines, also that EssilorLuxottica S.A.’s agreements offering ophthalmic lenses and ophthalmic machinery simultaneously and its other practices created de facto exclusivity in the market and were exclusionary, that the undertaking violated Article 6 of the Act no 4054 by these practices and therefore should be imposed administrative fines; on the other hand, since EssilorLuxottica S.A. was previously imposed administrative fines on the grounds that it acted in violation of the commitments that were made binding with the decision dated 01.10.2018 and numbered 18-36/585-286, it would not be appropriate to rule a new administrative fines under the framework of the general law principle of “ne bis in idem”.

Click here for the text of the pronouncement for the decision dated 17.08.2023 and numbered 23-39/749-259, the reasoned version of which will be notified later and which may be appealed before Ankara Administrative Courts.