Competition Investigation into Two Giant Soda Brands

The Competition Authority announced on its website this morning that an important investigation has been launched against two well-known beverage brands. According to the statement, the Board Beypazari Beverage Marketing Distribution Packaging Tourism Petrol Industry and Trade Inc. with Cynic Maden Suları A.Ş.

The suspicion that led to the initiation of an investigation against the two companies was the finding that the companies violated Article 4 of the Law No. 4054 on the Protection of Competition. The Board shared that the findings of the preliminary research were sufficient and serious.

Description of the Competition Authority:

“Beypazarı Beverage Marketing Distribution Packaging Tourism Petrol Construction Industry and Trade Inc. and Kınık Maden Suları A.Ş. in violation of Article 4 of Law No. 4054, the preliminary investigation was concluded by the Competition Board.

The Competition Board, which discussed the information, documents and findings obtained in the preliminary investigation at its meeting dated 24.02.2021, considering the findings serious and sufficient Beypazarı Beverage Marketing Distribution Packaging Tourism Petrol Construction Industry and Trade Inc. and Kınık Maden Suları A.Ş. decided to open an investigation against him with the number 22-10/140-M.”

The fourth article of the Law No. 4054:

in a particular market for goods or services directly or indirectly inhibiting competitionwhich has the purpose of disrupting or restricting, or which has or may cause such an effect inter-enterprise agreementsconcerted practices and such decisions and actions of associations of undertakings are illegal and prohibited.

These cases are, in particular:

• a) Determining the purchase or sale price of goods or services, factors such as cost and profit forming the price, and any purchase or sale conditions,
• b) Dividing the markets for goods or services and sharing or controlling all kinds of market resources or elements,
• c) Controlling the supply or demand of goods or services or determining them outside the market,
• d) Making it difficult or restricting the activities of rival undertakings, or taking the undertakings operating in the market out of the market by boycotting or other behaviors, or preventing new entrants to the market,
• e) With the exception of exclusive dealership, applying different conditions to persons in equal status for equal rights, obligations and actions,
• f) Contrary to the nature of the agreement or commercial practices, obliging the purchase of a good or service together with another good or service, or making a good or service demanded by buyers acting as an intermediary undertaking the condition of displaying another good or service by the buyer, or asserting conditions regarding the re-supply of a good or service,

Where the existence of an agreement cannot be proven price changes in the market or the balance of supply and demand. or the fact that the activity areas of the undertakings are similar to those in the markets where competition is hindered, distorted or restricted, constitutes a presumption that the undertakings are in concerted practice.

provided that it is based on economic and rational facts. each by proving that he did not take concerted action can avoid liability.