Competition Authority Opened an Investigation against Duracell

The Competition Authority announced that it opened an investigation against the world-famous battery supplier Duracell. Within the scope of the investigation, it will be examined whether the company violated Law No. 4054.

The Competition Authority is one of the most popular battery manufacturers in Turkey and even in the world. DuracellHe announced that he opened an investigation against . According to the statement, Duracell ensures that buyers and customers leading to restriction It had some commercial applications. The institution stated that the findings regarding Duracell were serious and sufficient, and that an investigation was opened accordingly.

Within the scope of the investigation initiated by the Competition Authority, Duracell Law No. 4054 on the Protection of Competition It will be examined whether there is a violation or not. The company did not make a statement on the subject, but with huge penalties Looks like it might be confronting.

Statement made by the Competition Authority:

Preliminary investigation into the allegation that Duracell Sales and Distribution Limited Company, which operates as a battery supplier in the fast-moving consumer goods sector, violated Article 4 of the Law No. 4054 on the Protection of Competition by determining the resale price of its buyers and restricting the regions and customers in which its buyers will sell. It was decided by the board.

The Competition Board, which discussed the information, documents and findings obtained in the preliminary investigation at its meeting dated 07.09.2023, found the findings serious and sufficient; It was decided to open an investigation against Duracell Sales and Distribution Limited Company, number 23-41/786-M.

What does Article 4 of the Law No. 4054 on the Protection of Competition say?

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 make up the price, such as cost, 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.

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