The TCA Fined Toyota Dealers

According to the press release published yesterday, the TCA imposed  fines on nine Toyota dealers that are active in Istanbul. Total amount of the fines is 3.942.906,72 TL about 1.714.000 Euros. It was held by the TCA that infringement was fixing prices for selling new cars and maintenance provided after the sales. However, these conducts were not regarded as a cartel, which is defined in Article 2 of the Fining Regulation as “agreements restricting competition and/or concerted practices between competitors for fixing prices; allocation of customers, providers, territories or trade channels; restricting the amount of supply or imposing quotas, and bid rigging”. Hence, the starting rate was determined at 0,5% for all infringers pursuant to Article 5(1)(b) of the said Regulation.

This rate was increased by half for five undertakings due to duration of the infringement, which lasted more than one year but less than five years, pursuant to Article 5(3)(a) of the Regulation. The TCA also applied mitigating factors for two of these undertakings and reduced the basic amount pursuant to Article 7(1) of the Regulation. Although there is no clear indication about the discount rate, it can be inferred from the press release that the discount rate was 50%. Mitigating factor(s), similarly, was not disclosed. For the rest of the undertakings, the starting rate was not increased due to duration of the infringement. There was not any aggravating or mitigating factors that could be taken into account for these undertakings as well.

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