Investigation Launched About Martı

Martı, the micro-mobility startup that was established in 2019 and became one of the largest companies in Turkey with a rapid growth, today It entered the radar of the Competition Authority. The Competition Authority announced in its announcement that it was decided to open an investigation against Martı Ileri Teknoloji AŞ.

In the announcement shared by the Competition Authority, it was stated that the investigation decision against Martı was dominant in the product market and that it had an impact on its competitors. exclusionary actions dominant position with from abuse said to originate. The institution decided that the information, documents and findings obtained as a result of the preliminary research were serious and sufficient.

The investigation was initiated with the allegation of violation of Articles 4 and 6 of the Law:

The Competition Authority started the said investigation together with the above-mentioned charges against Martı. The allegations in question are It violates the 4th and 6th articles of the Law on the Protection of Competition No. 4054. was showing. While the said investigation decision does not definitively show that Martı is guilty, it does not mean that he will be subject to a definite punishment or sanction.

Articles 4 and 6 of the Law on the Protection of Competition:

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 cause or may have 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, requiring the purchase of a good or service together with other goods or services, 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,

In cases where the existence of an agreement cannot be proved, the fact that the price changes in the market or the balance of supply and demand 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 market for goods or services in the whole or in a part of the country, either alone or through agreements with others or by acting together.

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.