Newsletter-21

137 COMPETITION LAW Recent Problems in Electricity Distribution Sector: ELDER Decision* Att. Mert Karamustafaoglu Introduction “Great electricity energy systems are accepted as the most com- plex man-made machines.” 1 Electricity energy is used in almost in every area of our highly populated modern cities. In that sense, the usage of the “most complex man-made machines” encumbers re- sponsibility on the undertakings that own electricity distributorship networks, with regard to the provision of continual and high quality electricity to cities and industries. In recent years, the Turkish electricity distribution sector has been experiencing a transformation. Following the privatization of Dicle Elektrik Dağıtım A.Ş. in 2013, electricity has begun to be distributed through private legal entities. However, as a result of these privatiza- tions, distribution activities have become the most debated subject in the electricity sector. Competition Board decisions (“Board”) with respect to distribu- tion privatizations target the future market structure. That being said, the Board, with a view to the competitive, and liberal market structures to be formed as a result of the privatizations, frequently addresses the dangers in regard to the distributor companies’ dominant positions within their regions. In 2014, the Board carried out pre-investigations with regard to the electricity sector and, subsequently, stated their concerns with * Article of September 2016 1 Please see the below link for detailed information: http://www.teias.gov.tr/DUYURULAR/20150810_Black_Out_Report_v10_ Turkce.PDF (Access date: 09.10.2016), p. 45.