ARTICLE
28 December 2022

Another Hub-and-Spoke Cartel Decision By Turkey's Competition Board

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Gen Temizer

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Gen Temizer is a leading independent Turkish law firm located in Istanbul's financial centre. The Firm has an excellent track record of handling cross-border matters for clients and covers the full bandwidth of most complex transactions and litigation with its cross-departmental, multi-disciplinary and diverse team of over 30 lawyers. The Firm is deeply rooted in the local market with over 80 years of combined experience of the name partners while providing the highest global standards of legal services.
Turkey's Competition Authority has been scrutinizing the retail market of fast moving consume goods for a while. After the Competition Board sanctioned the largest supermarket chains...
Turkey Antitrust/Competition Law
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Turkey's Competition Authority has been scrutinizing the retail market of fast moving consume goods for a while. After the Competition Board sanctioned the largest supermarket chains in Turkey along with one of their common suppliers, for creating a hub-and-spoke cartel in 2021, it opened a similar investigation against the same supermarkets, namely BIM, CarrefourSA, Migros, Sok and A101 as well as some of their common suppliers.

Within the scope of its investigation, the Competition Board, by the majority of votes, found that the same supermarkets and CocaCola, Doganay, Düzey, Eti, Frito-Lay, GlaxoSmithKline, Haribo, Pasifik, Pepsi Cola, Red Bull, Sölen Çikolata and Uno engaged in hub-and-spoke cartel arrangements.

Although concluding that the five supermarkets were party to the hub-and-spoke cartel, thus infringing the competition laws, considering the fine imposed on them in 2021 and the principle of non bis in idem, the Competition Board did not sanction the supermarkets this time.

Similarly, the Board found that the mineral water company Beypazari was also party to the hub-and-spoke cartel and should be held liable. That being said, given that the company was already sanctioned with the Board's decision of 18.05.2022, the Board did not impose any fines on the company this time, based on non bis in idem principle. However, the Vice President and one of the members of the Board have dissenting votes on this particular part of the decision.

In addition to the foregoing, the Board also found resale price maintenance practices in the FMCG sector. The Board imposed additional administrative monetary fines on CocaCola, Doganay, Eti, Frito-Lay, Haribo, Kent, Pasifik, Pepsi Cola, Sölen Çikolata and Uno on the grounds that they restricted the ability and freedom of their resellers to determine their own resale prices. On this note, the Vice President expressed his dissenting vote with respect to the conclusion against Coca Cola, whereas one of the Board members had a dissenting vote on the conclusion against Kent Gida, a subsidiary of Mondelez International.

The fine ranges imposed by the Board due to hub-and-spoke cartel differs between 1.2% - 1.8%, while they are between 0.6% - 0.9% for resale price maintenance. The total amount of fines imposed by the Board corresponds to approximately EUR 44.3 million. Once the Turkish Competition Board's reasoning of the decision is published, we will have more insight on the background of the case as well as the Board's findings.

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ARTICLE
28 December 2022

Another Hub-and-Spoke Cartel Decision By Turkey's Competition Board

Turkey Antitrust/Competition Law

Contributor

Gen Temizer is a leading independent Turkish law firm located in Istanbul's financial centre. The Firm has an excellent track record of handling cross-border matters for clients and covers the full bandwidth of most complex transactions and litigation with its cross-departmental, multi-disciplinary and diverse team of over 30 lawyers. The Firm is deeply rooted in the local market with over 80 years of combined experience of the name partners while providing the highest global standards of legal services.
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