NEWSLETTER-2017

85 COMPETITION LAW 2014, it was claimed that the distribution companies engaged in vari- ous practices to complicate the operations of independent providers and prevent the exercise of consumers’ rights to choose their own pro- viders. 5 Moreover, although the Competition Board’s Sector Inquiry in Electricity Wholesale and Retail Sale Markets (“Sector Inquiry”) examined these claims in detail, the Competition Board decisions did not made any determinations as to breach. The Competition Board’s repetitive approach with regard to the pre-investigations of distribution companies was the most debated issue: This is because the Competition Board was not initiating in- vestigations, but stating that the pre-investigation claims may be considered to be anti-competitive acts. This issue is the most debated issue in the aforementioned decisions. These decisions state that the distribution companies engaged in various practices to complicate the operations of independent providers, thereby preventing the exercise of consumers’ rights to choose their own providers. These anti-competitive acts may deeply affect the liberalization process in the electricity sector. The dissenting votes almost always addressed that the above-mentioned claims are very significant, which must be followed through investigations. Moreover, in the aforemen- tioned decisions, the case handlers also requested investigations to be conducted, but the Competition Board refused these requests in turn. However, approximately two years afterward, the Competition Board has taken much the same claims more seriously, and has opened in- vestigations. The change of action indicates the future attitude of the Competition Board. pdf (Date of access: 06.03.2017). 5 For the decisions concerning this issue, see; AYEDAŞ Decision dated 22.10.2014, numbered 14-42/761-337, http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2f Documents%2fGerek%C3%A7eli+Kurul+Karar%C4%B1%2f14-42-761-337. pdf (Date of access: 06.03.2017); CLK Decision dated 22.10.2014, numbered 14-42/762-338 ,http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocument s%2fGerek%C3%A7eli+Kurul+Karar%C4%B1%2f14-42-762-338.pdf (Date of access: 06.03.2017) ; Gediz-Aydem Decision dated 03.12.2014, numbered 14- 47/860-390, http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments% 2fGerek%C3%A7eli+Kurul+Karar%C4%B1%2f14-47-860-390.pdf (Date of ac- cess: 06.03.2017).