Competition Authority Started to Impose Daily Penalties on Meta

Announcement of the Board Decision Regarding META’s Failure to Fulfill Its Obligations

1. Meta Platforms Inc., Meta Platforms Ireland Limited and WhatsApp LLC (collectively META) and Madoka Turkey Bilişim Hizmetleri Ltd. Ltd. Within the scope of the Board decision dated 20.10.2022 and numbered 22-48-706-299, taken as a result of the investigation carried out against (MADOKA);

a. MADOKA, about whom an investigation is being carried out, does not have any role in the presentation of the activities subject to investigation, and therefore cannot have any responsibility for the allegations evaluated within the framework of the investigation in the file,

b. META dominates the markets for personal social networking services, consumer communications services and online display advertising.

c. By combining the data collected from Facebook, Instagram and WhatsApp services, which are called basic services, META causes distortion of competition by complicating the activities of its competitors operating in personal-purpose social network services and online display advertising markets and creating an obstacle to market entry, and Article 6 of Law No. 4054. violated article .,

D. For this reason, META is subject to the third paragraph of Article 16 of Law No. 4054 and subparagraph (b) and second paragraph of the first paragraph of Article 5 of the “Regulation on Agreements Limiting Competition, Concerted Actions and Decisions and Fines to be Imposed in Case of Abuse of Dominant Position”. and an administrative fine of 346,717,193.40 TL to Meta Platforms, Inc., Meta Platforms Ireland Limited, WhatsApp LLC, based on their annual gross income generated at the end of the 2021 fiscal year and determined by the Board, in accordance with the provisions of clause (b) of the third paragraph. to be given

to. In order to end the violation specified in paragraph (c) of META and to ensure the establishment of effective competition in the market;

a. To submit the necessary measures to the Competition Authority (Institution) within 1 (one) month at the latest from the notification of the reasoned decision,

b. To take the necessary measures within 6 (six) months from the notification of the reasoned decision,

c. It has been decided that it will fulfill its obligations to submit reports to the Institution periodically once a year for a period of 5 (five) years from the start of the implementation of the first harmonization measure.

2. The deadline extension request for the extension of the 1 (one) month period determined for the notification of the relevant reasoned decision by META on 09.09.2023 and for documenting the necessary measures to the Authority until 09.12.2023 was submitted to the Board dated 05.10.2023 and numbered 23-47/902. It was accepted with decision no. -M.

3. The compliance measures that META submitted to the Institution’s records within the period and revised on 19.12.2023 were discussed at the Board’s meeting dated 21.12.2023 and the statements and explanations in the section of the said suggestions titled “Confirmation of the Election by Initiating the Compliance Solution” ;

– Provisioned in subparagraph (a) of paragraph e) of the Board’s decision dated 20.10.2022 and numbered 2248-706-299;

– “To submit to the Authority the necessary measures to end the specified violation and to ensure the establishment of effective competition in the market, within 1 (one) month at the latest from the notification of the reasoned decision.”

is not sufficient to meet the obligation;

– Since the time extension request for the extension of the 1 (one) month period determined for the certification of the necessary measures to the Institution within the scope of the obligation in question until 09.12.2023 was accepted by the Board’s decision dated 05.10.2023 and numbered 2347/902-M, the Board dated 20.10.2022 and considering that the deadline for submitting the Final Compliance Solution to the Authority by META within the scope of the obligation in paragraph (a) of the decision no. 22‐48/706‐299 is 11.12.2023, the first paragraph of Article 17 of the Law on the Protection of Competition No. 4054 Within the scope of paragraph (a) and the second paragraph, starting from 12.12.2023, the META economic integrity, consisting of Meta Platforms, Inc., Meta Platforms Ireland Limited and WhatsApp LLC, will be transferred to the META economic integrity, for each day until the Final Compliance Solution is entered into the Competition Authority records, for the year 2022. An administrative fine of 4,796,152.96 TL will be imposed on its net income.

It was decided with the number 23-60/1162-417.


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