Whilst the new year coming, we believe that it is time to wrap up the Turkish competition law 2012 remarks. We have already mentioned about some of these developments and cases in our earlier posts. What important strides were happened in the year 2012? Let’s start with some statistics on the investigations.
In 2012, the TCA launched 17 investigations (2 of them was launched due to the annulments of decisions by the Council of State). 7 of those launched investigations are dominancy cases (Article 6) while the rest are involved multilateral conduct (Article 4). Below is the list of these investigations.
Seeing the list, it will be fair to say that the TCA is on a crusade against driving schools all over the country (3 separate investigations covering 4 different regions). Another point seen is that the automotive sector is still scrutinized by the authority. An investigation on Automotive Distributors Association had completed in 2011 and two different investigations (on Peugeot and Toyota) were finalized in 2012. On the other hand, the largest GSM company Turkcell was fined about 90 million TL (€ 40 million) in 2011 and it is subject to another investigation again in 2012. And here are the completed investigations:
When looking into investigations completed within the year 2012, we see that a total number of 16 cases. 12 of them are multilateral conduct(Article 4) cases and 4 of them are dominancy (Article 6) cases. The TCA didn’t find any infrigements in 7 of these cases (this makes 44 % of completed cases). Judging only by the launch and the final decision dates, it can be said that the TCA spent a total of 2.838 days on investigations which do not involve any breach of the law. If the authority could avoid those investigations it would have saved 7,7 years of labor time.
While the total amount of fines imposed through the investigations in 2012 is 60.518.749,22 TL (€ 26.300.000), the total time spent on all the completed investigations is 6.849 days. This makes about 19 years of labor time and average day spent on an investigation is calculated as 428 days (1,17 years). By comparing the total amount of fines to the total labor time spent, it can be said that the monetary value of the TCA’s a single day is 8.836 TL (€ 3.841).
This is so far for the Pt. 1 but one last statistic is that %81 of the total fines imposed in 2012 incurs from a single case (East Anatolia Cement).