The investigation conducted in order to find whether Türkiye Petrol Rafinerileri A.Ş. violated article 6 of the Act no 4054 by means of its practices regarding pricing and agreements and whether Türkiye Petrol Rafinerileri A.Ş. and OPET violated article 4 of the Act no 4054 through market sharing and other means was concluded.

The process of the abovementioned investigation started with a study done ex officio by the relevant Department of the Competition Authority to monitor price movements in the sector in 2011. Taking into account the findings of this study as well as certain news appeared in the media especially during the period between March-May, 2012 and various complaints filed to the Authority, it was decided on 24.05.2012 that a preliminary inquiry shall be initiated about Türkiye Petrol Rafinerileri A.Ş., the single active refinery, and the leading distribution company. The report prepared after that preliminary inquiry was discussed in the meeting of the Competition Board dated 04.07.2012 and an investigation about Türkiye Petrol Rafinerileri A.Ş. and Opet Petrolcülük A.Ş. was opened according to article 41 of the Act no 4054.

The investigation report was issued to Türkiye Petrol Rafinerileri A.Ş. and Opet Petrolcülük A.Ş. at the beginning of July, 2013. Following the notification of the investigation report, the parties submitted their written pleas; besides a hearing was held before the Competition Board on 14.01.2014.

As a result of the discussion of the contents of the file by the Competition Board on 17.01.2014, it was decided that Türkiye Petrol Rafinerileri A.Ş. violated article 6 of the Act no 4054 by means of its practices regarding pricing and agreements; as a result, the said undertaking shall be imposed administrative fines.

Moreover, it was decided that an opinion shall be sent, according to article 27(g) of the Act no 4054, to the authorities concerned suggesting that the pricing mechanism for refineries should be rearranged for the benefit of consumers by the institutions concerned and authorized and according to paragraph 1 of article 9 of the Act no 4054, to Türkiye Petrol Rafinerileri A.Ş., advising that it should avoid the abovementioned practices constituting an infringement as well as those that have or likely to have the same results.

On the other hand, it was concluded that there were not sufficient evidence that Türkiye Petrol Rafinerileri A.Ş. and Opet Petrolcülük A.Ş. violated article 4 of the Act no 4054; therefore it was not necessary to impose administrative fines on the said undertakings according to article 16 of the same Act.

Click here for the text of the pronouncement (in Turkish) dated 17.01.2014 and numbered 14-03/60-24, the reasoned decision for which will be notified later and which can be appealed before Ankara Administrative Courts.