In response to the Ankara 2nd Administrative Court’s decision, Competition Board re-evaluated the complaint claiming that the operator of the Zeyport Port, Zeyport Zeytinburnu Liman İşletmeleri Sanayi ve Ticaret A.Ş., violated articles 4 and 6 of the Act no 4054 when carrying out its activities and therefore prevented competition.
In the previous preliminary inquiry conducted on the subject, the activities of Zeyport Zeytinburnu Liman İşletmeleri Sanayi ve Ticaret A.Ş. and S.S. Gemi Tali Acenteleri Deniz Motorlu Taşıyıcıları Kooperatifi were examined and it was decided, on 26.03.2014 with the decision numbered 14-12/223-99, that the complaint should be dismissed in accordance with article 41 of the Act no 4054 and that it was not necessary to open an investigation. The Board decision in question was annulled with the Ankara 2nd Administrative Court decision dated 17.11.2016 and numbered E. 2014/1379, K. 2016/2917.
After discussing the information and documents included in the file in its meeting of 23.03.2017, and in consideration of the points raised in the relevant court decision, the Board took the decision no 17-11/140-M to initiate an investigation on
- Zeyport Zeytinburnu Liman İşletmeleri Sanayi ve Ticaret A.Ş.
- S.S. Gemi Tali Acenteleri Deniz Motorlu Taşıyıcıları Kooperatifi
In order to determine whether articles 4 and 6 of the Act no 4054 were violated.
As is known, article 4 of the Act no 4054 prohibits anti-competitive agreements and concerted practices between undertakings, while article 6 prohibits abuses of dominant position.
* Investigation decisions taken by the Competition Board are announced to the public following the notification of the decision to the undertakings or associations of undertakings under investigation. These declarations, which are made within the framework of informing the public on Competition Board decisions, cannot be interpreted to mean the undertakings or associations of undertakings under investigation have violated the Act no 4054 and that they have faced or will face sanctions under the Act.