In response to the decision of the 13th Chamber of the Council of State, Competition Board re-evaluated the complaint claiming that Karsan Otomotiv Sanayi Mamülleri Pazarlama A.Ş. Set resale prices and discount rates for its authorized sellers, prevented authorized sellers from selling vehicles at different prices and making passive sales outside of their regions, eliminated competition by making the market transparent, and discriminated between authorized sellers.

In the preliminary inquiry previously conducted, the aforementioned claims were examined and the decision dated 07.11.2011 and numbered 11-60/1561-554 was taken, stating that initiating an investigation under artilce 41 of the Act no 4054 was not necessary. Subsequently, the aforementioned Board decision was annulled with the 13th Chamber of the Council of State's decision dated 25.10.2016 and numbered 2012/1097 E., 2015/3414 K.

After discussing the information and documents included in the file in its meeting of 01.06.2017, the Board took the issues raised in the relevant court decision into account and issued the decision no 17-18/256-M to launch an investigation on

• Karsan Otomotiv Sanayi Mamülleri Pazarlama A.Ş. 

under article 41 of the Act no 4054 in order to determine whether article 6 of the same Act 4054 was 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.