Decision Announced in the Investigation Opened About Martı

Scooter rental company that plays a major role in the growth of the micro-mobility industry in Turkey Seagullhad entered the Competition Authority’s radar in the past few weeks. The Authority, on the allegation that it is in a dominant position in the product market and that it abuses its dominant position with its exclusionary actions on its competitors, investigation has been opened had announced.

Competition Authority, in the announcement it shared today, that the investigation was concluded explained. According to the statement of the institution, Martı applied for the initiation of the commitment process regarding the competitive concerns in the file content during the investigation process. As a result of these negotiations, A commitment package was presented to Martı. announced. The Competition Authority has not yet shared the content of this commitment package.

Description of the Competition Authority:

“According to the decision of the Competition Board dated 21.07.2022 and numbered 22-33/527-M, Martı Ileri Teknoloji A. An investigation was launched on the allegation that he violated the law.

While the investigation process continues, Martı Ileri Teknoloji A.Ş. As a result of the negotiations carried out by Martı Ileri Teknoloji A.Ş. A commitment package was presented by

As a result of the discussion of the file by the Competition Board on 08.09.2022; It has been decided to accept the commitments and to terminate the investigation by making them binding on the relevant undertaking since they are of a nature to resolve the competition problems identified within the scope of the file.

Articles 4 and 6 of the Law on the Protection of Competition, which Martı is alleged to have violated:

Article 4- Agreements between undertakings, concerted practices and such decisions and actions of associations of undertakings that aim to directly or indirectly prevent, distort or restrict competition in a particular good or service market, or that have or may cause such an effect, are unlawful and prohibited.

These situations 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 amount of 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 another good or service with a good or service, or making a good or service demanded by the buyers in the position of an intermediary enterprise on the condition of displaying another good or service by the buyer, or the supply asserting the conditions for the re-supply of a good or service,

In cases where the existence of an agreement cannot be proven, the fact that the price changes in the market or the supply and demand balance or 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 party can avoid liability by proving that it has not acted in concert.

Article 6- It is unlawful and prohibited for one or more undertakings to abuse their dominant position in a good or service market in the whole or in a part of the country, either alone or through agreements with others or jointly.

Situations of abuse are particularly:

a) Actions aimed at directly or indirectly preventing the entry of another undertaking into the field of commercial activity or making the activities of competitors in the market more difficult,

b) Discrimination directly or indirectly by asserting different conditions for the same and equal rights, obligations and actions to buyers in equal status,

c) Re-purchase of a good or service together with a good or service, or if a good or service demanded by buyers in the case of intermediary undertakings is conditional on the display of another good or service by the buyer, or if a purchased good is not sold below a certain price. imposing restrictions on trading conditions in case of sale,

d) Actions aimed at disrupting the conditions of competition in another good or service market by taking advantage of the financial, technological and commercial advantages created by the dominance in a particular market,

e) Restriction of production, marketing or technical development to the detriment of the consumer.