Newsletter-21

141 COMPETITION LAW the utmost of care for competition law compliance. This is because the electricity distributor companies and their groups that are responsible for the management of complex networks always garner attention, and minor mistakes they may make may cause negative consequences to millions of people. Since 2014, the Board has set aside its role that is of an “observ- ing and waiting” nature, and has started to examine the distribution sector. Following the Board’s examinations with regard to distribution companies, the Board has rendered the ELDER decision. With the ELDER decision, although the Board has not made an infringement determination, and has not imposed any administrative monetary fines on the incumbent companies, it has explicitly shown the actions that may constitute infringements. For this reason, the distribution com- panies should not forget that their dominant positions encumber them with a weighty responsibility. The ELDER decision signals that in the next relevant pre-investi- gations, the Board will not only send opinions to incumbent undertak- ings. Accordingly, the Competition Authority’s recent Workshop 4 in the electricity sector, and the investigation against Akdeniz Elektrik Dağıtım A.Ş., 5 also signal that the Competition Authority will be interested in this area. 4 Please see the below link for detailed information: http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fG%c3%bc ncel%2fDiger%2felektriksektor.pdf (Access date: 10.10.2016). 5 Please see the below link for detailed information: http://www.rekabet.gov.tr/tr-TR/Guncel/Akdeniz-Elektrik-Dagitim-AS- CLK-Akdeniz-Elektrik-Perakende-Satis-AS-Ve-Ak-Den-Enerji-Dagitim-Ve- Perakende-Satis-Hizmetleri-AS-Hakkinda-Sorusturma-Acildi (Access date: 10.10.2016).