The Turkish Competition Authority announces the conclusion of its preliminary inquiry and finds no price fixing in the baby food products market (Numil / Nestlé / Montero / Kopas / Hipp / Hero / Abbott)

Introduction In February 2019, the Turkish Competition Authority (“TCA”) released the public version of its decision [1] with regard to its preliminary inquiry against the undertakings producing and/or selling baby food products. Contrary to the price fixing allegations, the TCA found that the concerned undertakings did not breach Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) and thus held not to initiate a full-fledged investigation. As will be explained below, the TCA’s determination of relevant product markets in the baby food industry and its economic analysis for price fixing evaluations are noteworthy points. Relevant Markets – Substitutability Test Based on the Intended Use, the Age of a Baby, the Distribution Channel, and the Nature

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Ertuğrul Can Canbolat, Bahadır Balkı, The Turkish Competition Authority announces the conclusion of its preliminary inquiry and finds no price fixing in the baby food products market (Numil / Nestlé / Montero / Kopas / Hipp / Hero / Abbott), 25 October 2018, e-Competitions October 2018, Art. N° 89259

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