At the Competition Board meeting held on 07.09.2023, the following final decision numbered 23-41/797-281 was taken regarding the implementation of interim measures within the scope of Article 9 of Law No. 4054 for the practices of Mackolik Internet Services Inc.
According to the report prepared and the scope of the file examined; In accordance with the fourth paragraph of Article 9 of Law No. 4054;
Limiting the visibility of NESİNE in the advertising areas called banners and pop-ups on MAÇKOLİK and SAHADAN websites and mobile applications, using a concrete criterion to be determined by MAÇKOLİK, in a way that does not put NESINE in a privileged position against its competitors; Submitting the reasoned decision on how the limitation and criteria in question will be realized in a non-privileged manner to be certified to the Institution within 15 (fifteen) days from the notification;
In addition, MAÇKOLİK must review the procedures it follows in the banner and pop-up areas of MAÇKOLİK and SAHADAN websites and mobile applications, follow a transparent advertising policy that will not cause discrimination between virtual betting dealers, and throughout the investigation period, in a way that does not put NESINE in a privileged position against its competitors. Submitting a technical report to the Authority by the 10th day of each month about the functioning of the algorithms that will ensure rotational display in advertising areas,
MAÇKOLİK stated that the projects that enable the contents on NESİNE’s platform to be included in MAÇKOLİK and SAHADAN can be provided equally and transparently to other virtual betting companies, without any privilege to NESİNE, and thus there will be no de facto exclusivity in these areas. informing,
MAÇKOLİK informs other betting companies that redirection applications to different virtual betting companies can be provided equally to all virtual betting companies by clicking on the betting odds on both the websites and mobile applications of MAÇKOLİK and SAHADAN, and thus there will be no de facto exclusivity in these areas; In addition, the presentation of virtual betting companies in the guidance regarding the betting odds in question should be listed in a rotational manner, without giving any privilege to any enterprise,
To be documented to the Institution within 15 (fifteen) days from the notification of the reasoned decision; Submitting a report to the Authority on the compliance measures to be prepared for how obligations 1, 2, 3 and 4 will be fulfilled,
MAÇKOLİK must eliminate the distinction between old and new websites by completing the necessary integrations and not engage in practices that will lead to de facto exclusivity in advertising and referral areas,
During the investigation period carried out against MAÇKOLİK, all cooperation packages and offers prepared by MAÇKOLİK for virtual betting companies and the processes related to these offers, as well as all cooperation requests and offers submitted to MAÇKOLİK by virtual betting companies and the ongoing processes related to these offers, are submitted to the Institution. Notification within 30 (thirty) days,
It was UNANIMOUSLY decided to take an interim measure to fulfill the obligations in question within 30 (thirty) days from the notification of the reasoned decision and to submit a report to the Institution by MAÇKOLİK, with judicial appeal open to Ankara Administrative Courts within 60 days from the notification of the reasoned decision.