The findings obtained under the scope of the investigation show that
- CHI Kozmetik closely monitors the prices of especially the resellers which make sales through e-commerce channel.
- CHI Kozmetik clearly intervenes with the resellers who sell products at prices lower than the determined list prices.
- In case resellers which sell products through e-commerce platforms do not comply with the list prices, sanction mechanisms such as closing an outlet or withdrawing outlet authorization are used as a threat and implemented.
- Therefore, CHI Kozmetik tries to control resellers’ prices systematically, interventions in prices are not individual actions but constitute the general policy of the undertaking.
According to the Competition Board decision dated 21.05.2024 and numbered 24-23/549-232, it has been decided that
- CHI Kozmetik violated article 4 of the Act no 4054 by means of resale price maintenance,
- The said practices cannot benefit from block exemption provided by the Block Exemption Communiqué no 2002/2 on Vertical Agreements, the practices in question cannot be granted individual exemption, either,
- Therefore, according to Article 16(3) of the same Act, and Article 5(1)(b) and 5(2) of the Regulation on Fines to Apply in cases of Agreements Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position, on the basis of the annual gross revenues in 2023, by discretion, CHI Kozmetik shall be imposed 93.776,19-TL administrative fines.