The Announcement of the Board Decision about META's Failure to Fulfill the Obligations (10.1.2024)

1. Under the scope of the Board decision dated 20.10.2022 and numbered 22-48-706-299, which was taken at the end of the investigation about Meta Platforms Inc., Meta Platforms Ireland Limited and WhatsApp LLC (together META) and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. (MADOKA), it was decided that 

a. MADOKA, which is under investigation, does not have any role in the provision of the activities examined, therefore cannot be held responsible for the claims evaluated under the scope of the investigation in question,

b. META is dominant in the markets for personal social networking services, consumer communication services, and online display advertising,

c. META distorted competition by complicating the activities of its competitors operating in personal social networking services and online display advertising markets and creating barriers to entry to the market by means of combining data collected from Facebook, Instagram and WhatsApp services that are called core services and violated Article 6 of the Act no 4054,

d. Therefore, according to article 16(3) of the Act no 4054 and Article 5(1)(b), 5(2) and 5(3)(b) of the “Regulation on Fines to Apply in cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position”, depending on the annual gross revenues accrued at the end of the fiscal year 2021 and determined by the Board, by discretion, Meta Platforms, Inc., Meta Platforms Ireland Limited, WhatsApp LLC shall be imposed severally 346.717.193,40TL administrative fines,

e. META should fulfill the following obligations to terminate the infringement mentioned in subparagraph (c) and to ensure the establishment of effective competition in the market:

a. META should submit the necessary measures to the Competition Authority (the Authority) within 1 (one) month as of the notification of the reasoned decision at the latest,

b. META should implement the necessary measures within 6 (six) months as of the notification of the reasoned decision,

c. META should submit an annual report periodically to the Authority for 5 (five) years following the implementation of the first compliance measure.

2. After META received the relevant reasoned decision on 09.09.2023, the request to extend the one-month period for submitting the necessary measures to the Authority until 09.12.2023 was accepted according to the Board decision dated 05.10.2023 and numbered 23-47/902-M.

3. In the meeting on 21.12.2023, the Board discussed the compliance measures which META submitted to the Authority’s registry in time and submitted after revising on 19.12.2023, and took the decision numbered 23-60/1162-417 that the expressions and explanations under the title “Confirming the Choice with the Commencement of the Compliance Remedy”

  • are not adequate to fulfill the obligation, which is laid down in point (a) of subparagraph e) of the decision of the Board dated 20.10.2022 and numbered 2248-706-299, that
  • META should submit the necessary measures to the Authority within(1) one month as of the notification of the reasoned decision to terminate the infringement and to ensure the establishment of efficient competition in the market” at the latest,
  • Since the request to extend the one-month period for submitting the necessary measures to the Authority until 09.12.2023 was accepted according to the Board decision dated 05.10.2023 and numbered 2347/902-M, considering that within the scope of the obligation stated in subparagraph (a) of the Board decision dated 20.10.2022 and numbered 22‐48/706‐299, the deadline for META to submit the Final Compliance Remedy to the Authority is 11.12.2023, according to article 17(1)(a) and 17(2) of the Act no 4054, starting from 12.12.2023, on the basis of its annual gross revenues in 2022, META economic unity consisted of Meta Platforms, Inc., Meta Platforms Ireland Limited and WhatsApp LLC, shall be imposed 4.796.152,96 TL administrative fines per day until the Final Compliance Remedy will enter the Authority’s registry.