The Investigation on Four Undertakings Operating in the Ready-Mix Concrete and Cement Sector Was Concluded (27.12.2012)
The investigation conducted in order to determine whether article 4 of the Act no 4054 on the Protection of Competition was violated by four undertakings operating in the ready-mix concrete and cement market was concluded.
The investigation was initiated concerning
- Akçansa Çimento San. ve Tic. A.Ş.,
- Bursa Beton San. ve Tic. A.Ş. and Bursa Çimento Fabrikası A.Ş.,
- Limak Anadolu Çimento İnşaat Malz. San. ve Tic. A.Ş. and Limak Batı Çimento San. ve Tic. A.Ş.,
- Sançim Bilecik Çimento Madencilik Beton San. Tic. A.Ş.
following the preliminary inquiry, which was opened on the Authority's own initiative after documents suggesting anti-competitive communications between the undertakings were found during a separate on-the-spot inspection conducted by the Authority.
During the investigation phase, the Authority examined whether the aforementioned undertakings communicated regarding a practice in relation to their ready-mix concrete and cement operations, with the restriction of competition as its object or effect and whether there was mutual agreement.
As a result of the discussion of the facts of the file by the Competition Board on 16.10.2012, which is also the date when the oral hearing took place, it was decided, UNANIMOUSLY, that sufficient findings could not be gathered to suggest that article 4 of the Act no 4054 on the Protection of Competition was violated by the undertakings titled
- Akçansa Çimento San. ve Tic. A.Ş.,
- Bursa Beton San. ve Tic. A.Ş., Bursa Çimento Fabrikası A.Ş.,
- Limak Anadolu Çimento İnşaat Malz. San. ve Tic. A.Ş., Limak Batı Çimento San. ve Tic. A.Ş. ,
- Sançim Bilecik Çimento Madencilik Beton San. Tic. A.Ş.,
and therefore, that administrative fines in accordance with Article 16 of the same Act should not be imposed.
Click here for the text of the pronouncement (in Turkish) dated 16.10.2012 and numbered 12-50/1445-492, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.