Newsletter-21

140 NEWSLETTER 2016 As of today, supplier companies that are connected to distributor companies are the largest providers in their regions, and they hold dominant positions. Moreover, these companies wield significant mar- ket power, since they can reach consumers easily, conduct efficient marketing campaigns, and have access to every kind of information with regard to customers. On the other hand, for the independent sup- plier companies that are not in the same group as the distributor com- panies, it is very difficult and costly to obtain this kind of information. Therefore, for independent suppliers, the cooperation with natural gas distributors, the postal services, cargo and telecommunication com- panies are very beneficial, since these companies have the updated customer information. In that sense, the independent suppliers provide the competition in the market by reaching the small scale consumers. In the ELDER decision, the Board also determined that the distributor companies have made agreements with regard to region allocations, and they agreed to stand out from other companies’ de- termined regions. Furthermore, contrary to the relevant law, the dis- tributor companies have not taken securities from each other. When it is considered that these companies are in dominant positions, these concepts, which can be regarded as the regions allocations and dis- criminatory practices, may constitute very important competition law infringements. The Board regarded all of these facts as the obstacles against lib- eralization. Therefore, it sent opinions to these undertakings regarding the termination of the identified infringements. Moreover, the Board has reminded the Energy Market Regulatory Association (“EPDK”) of its regulatory powers, and has delivered the reviewed evidence to the EPDK. In that sense, the Board has not opened an investigation, has not made an infringement determination, nor has it imposed any administrative monetary fines. Conclusion The saying “With great power comes great responsibility,” is fre- quently repeated in the Spider Man movie. Accordingly, undertakings that offer us electrical energy - the essential component of our lives - hold a great responsibility. These undertakings should demonstrate