One of Turkey’s most popular food ordering services Food basket, Competition Authority was put under investigation by. Accordingly, it was announced that the company may have violated the law. Here are the details on the subject…
Why was an investigation launched into Yemeksepeti?
According to the statement made by the Competition Authority, the board discussed the information, documents and findings obtained in the preliminary investigation conducted for Yemeksepeti on March 7. The findings were deemed serious and sufficient, and it was decided to open an investigation.
Food basketIt was stated that ‘s may have violated Article 4 and/or 6 of the Law No. 4054 on the Protection of Competition by requiring its own courier service within the scope of its food ordering-service platform service and making the activities of member businesses difficult. Whether or not he actually violated it will be revealed once the investigation is completed.
Yemeksepeti’s payment service Yemekpay received approval from the CBRT
Yemeksepeti’s payment and electronic money company, Yemekpay, received an operating permit from the CBRT. Here are the details…
The statement made by the Competition Authority is as follows:
Yemek Sepeti Elektronik İletişim Tatil Gıda AŞ’s investigation into the allegations that it violated articles 4 and/or 6 of the Law No. 4054 on the Protection of Competition by requiring its own courier service within the scope of its online food ordering-service platform service and making the activities of member businesses difficult. The preliminary investigation was decided by the Competition Board.
The Competition Board, which discussed the information, documents and findings obtained in the preliminary investigation at its meeting dated 07.03.2024, found the findings serious and sufficient; It has been decided to open an investigation against Yemek Sepeti Elektronik İletişim Tatil Gıda AŞ, numbered 24-12/211-M.
Competition Authority
Articles 4 and 6 of the Law on the Protection of Competition No. 4054
Article 4 – Agreements between undertakings, concerted practices, and such decisions and actions of associations of undertakings that have the purpose of directly or indirectly preventing, distorting or restricting competition in a particular market for goods or services, or that have or may have the effect of doing so, are unlawful and prohibited.
These situations are, in particular:
- a) Determining the purchase or sale price of goods or services, the factors that constitute the price, such as cost and profit, and all kinds of purchase or sale conditions,
- b) Sharing or controlling all kinds of market resources or elements by dividing the markets for goods or services,
- c) Controlling the supply or demand amount of goods or services or determining them outside the market,
- d) Complicating or restricting the activities of competing undertakings, or excluding undertakings operating in the market through boycott or other behavior, or preventing new entrants into the market,
- e) Applying different conditions to persons in equal status for equal rights, obligations and acts, except for exclusive franchise,
- f) Contrary to the nature of the agreement or commercial practices, requiring the purchase of another good or service together with a good or service, or making a good or service requested by buyers acting as intermediaries conditional on the display of another good or service by the buyer, or offering Asserting conditions regarding the re-supply of a purchased good or service,
In cases where the existence of an agreement cannot be proven, the fact that price changes in the market or the balance of supply and demand or the activity areas of the undertakings are similar to those in markets where competition is prevented, distorted or restricted constitutes a presumption that the undertakings are engaged in concerted action.
Provided that it is based on economic and rational facts, each party can avoid liability by proving that it did not act in concert.
Article 6 – It is unlawful and prohibited for one or more undertakings to abuse their dominant position in a goods or services market throughout the country or in a part of the country, either alone or through agreements or joint actions with others.
Particular cases of abuse include:
- a) Actions aimed at directly or indirectly preventing another enterprise from entering the field of commercial activity or making the activities of competitors in the market difficult,
- b) Directly or indirectly discriminating against buyers in equal situations by putting forward different conditions for the same and equal rights, obligations and acts,
- c) Making the purchase of other goods or services together with a good or service, or making a good or service requested by buyers who are intermediary enterprises conditional on the display of another good or service by the buyer, or not selling a purchased good below a certain price. Imposing restrictions on trading conditions in case of sales,
- d) Actions aimed at disrupting competitive conditions in another goods or services market by taking advantage of the financial, technological and commercial advantages created by dominance in a certain market,
- e) Restriction of production, marketing or technical development to the detriment of the consumer.
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