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18 July 2019
On 3 May 2019 the Competition Board published its reasoned decision (19-06/51-18 of 7 February 2019) regarding the hindering of an on-site inspection of fertiliser company Ege Gübre Sanayii AŞ. The decision concerned whether Ege Gübre had violated Article 16 of Law 4054 on the Protection of Competition during on-site inspections conducted on 16 and 17 January 2019.
The Competition Authority case handlers who conducted the inspection stated as follows:
By contrast, Ege Gübre officials objected to the Competition Authority's account of the events provided and argued as follows:
The Competition Authority conducted a second on-site investigation on 17 January 2019 following a Criminal Judgeship of Peace decision to examine the email correspondence to which the case handlers had been denied access during first inspection.(1)
During the second inspection, an email was found regarding Igsaş's prospective prices. The Competition Authority stated that this email correspondence directly related to competitive behaviour.
In response to the Competition Authority's account, Ege Gübre submitted the following statement to the Competition Authority on 29 January 2019:
However, the Competition Board found that the actions of Ege Gübre officials had constituted hindering of an on-site inspection and therefore administrative fines should be imposed on the relevant undertaking under Article 16 of Law 4054. As a result, an administrative fine of 0.5% of gross income from 2017 was imposed.
For further information on this topic please contact Gönenç Gürkaynak at ELIG Gürkaynak Attorneys-at-Law by telephone (+90 212 327 17 24) or email (firstname.lastname@example.org). The ELIG Gürkaynak Attorneys-at-Law website can be accessed at www.elig.com.
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