The Turkish Council of State rejects an appeal request made by a cement producer concerning the Regional Administrative Court’s decision which imposed a monetary fine for engaging in concerted practices with its competitors, increasing prices and territorial allocation (Batısöke)

This case summary includes an analysis of 13th Chamber of the Council of State’s (“Council of State”) decision (E. 2019/1035, K. 2019/4253, 11.12.2019) concerning the last stop of the judicial review. In the judicial review process, Batisöke Söke Çimento Sanayii T.A.Ş. (“Batısöke”) filed to annul the Turkish Competition Board’s (“Board”) decision (16-02/44-14, 14.01.2016) imposing monetary fine on Batısöke due to the allegations that Batısöke has violated Article 4 of Law No. 4054 on Protection of Competition (“Law No. 4054”) by way of territorial allocation and price increases through concerted practice with its competitors. In the first stage of the judicial review, Ankara 10th Administrative Court (“Administrative Court”) did not annul the Board’s decision (E. 2016/4909, K. 2018/225, 01.02.2018).

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Gönenç Gürkaynak, Ceren Özkanlı Samlı, The Turkish Council of State rejects an appeal request made by a cement producer concerning the Regional Administrative Court’s decision which imposed a monetary fine for engaging in concerted practices with its competitors, increasing prices and territorial allocation (Batısöke), 11 December 2019, e-Competitions December 2019, Art. N° 95538

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