Microsoft Turkey, Under Abuse of Dominance Investigation

TCA announced that it re-evaluated (well, re-re-evaluated) the complaint which included the claim that Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti., Microsoft Corporation and Microsoft Ireland Operations Limited created difficulties for Gelecek Bilişim ve İletişim A.Ş. (Gelecek, which is a Linux distro company) to operate in the market and  decided to initiate an investigation concerning

– Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti.,
– Microsoft Corporation, and
– Microsoft Ireland Operations Limited
under article 40 of the Act no 4054 on the Protection of Competition.

In fact, the case had been closed long before 2012 at the preliminary examination (önaraştırma in Turkish) step in 2005. In the decision of TCA dated 01.09.2005 it was said that Gelecek’s claims were examined -supported by dawnraids- and because of absence of any documents and effects proving the claims there is no need for an investigation. Gelecek’s claims can be summarized as that MS prevented the sale and promotions of Gelecek’s products to PC producers, large technostores etc. through rebate plans and loyalty discounts.

However Gelecek appealed aganist the TCA’s decision and after the decision numbered 2005/10139 E – 2007/7327 K and dated 16.11.2007 of Council of State, the TCA re-evaluated the case and initiated a preliminary examination by its decision dated 27.05.2008. Well, in the preliminary examination, the TCA, again, closed the case relying on the absence of proof and effect. However, Gelecek appealed again and as a result of the new decision of Council of State now there’s the decision of an investigation as a result of re-re-evaluation.

Well, we will see how TCA will decide after its “re-re-evaluation”  at the end of the investigation, which is the last, step after preliminary examinations in 2005 and 2008.