The Ankara Administrative Court annuls the Turkish Competition Board’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)

This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, [1] where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru Bulgur”) regarding its alleged resale price maintenance (“RPM”) practices. The Court found that as Duru Bulgur`s practices do indicate a violation within the scope of the Law No. 4054 on Protection of Competition (“Law No. 4054”), the Board should have expanded the initial preliminary investigation to a full-fledged one, and duly obtained and scrutinized all the available evidence, in order to avoid any doubt as to the existence of a competition law violation in the matter at hand. Background The stages

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Authors

  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)
  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)

Quotation

Gönenç Gürkaynak, Eda Duru, The Ankara Administrative Court annuls the Turkish Competition Board’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur), 17 September 2020, e-Competitions September 2020, Art. N° 98423

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