NEWSLETTER-2017

86 NEWSLETTER 2017 The Previous Decisions in the Distribution Sector The privatization process in the electricity distribution sector, which started with the privatization of TEDAŞ in 2005, is completed through the privatization of Dicle Elektrik Dağıtım A.Ş. 6 The above- mentioned decisions, and particularly the 2014 decisions, signal to- day’s developments in many aspects. The complaints with regard to the distributor’s activities in the electricity sector frequently appeared before the Competition Board prior to 2014 7 . However, the above-mentioned decisions indicate that these complaints were rejected by the Competition Board on the grounds that the specializations were recently completed, and the legal unbundling activities had recently begun. These decisions state that there is insufficient evidence to prove the allegations, and the prelimi- nary examinations were sufficient to warn the distribution companies. However, within the same year, the Competition Board opened new pre-investigations with regard to much the same undertakings, with similar allegations. In that period, the Competition Board’s ap- plication of Article 9/3 of the Protection of the Competition Act num- bered 4054 (“Competition Act”), instead of opening investigations, was highly criticized. According to Article 9/3 of the Competition Act, the Competition Board may send an opinion to the undertakings concerned regarding how to terminate the infringement. Accordingly, in the aforesaid decisions, the Competition Board decided to send a warning to the undertakings concerned intending to terminate the ex- aminations against liberalization. Moreover, the Competition Board decided that the acquired information and documents should also be sent to the Energy Market Regulatory Board (“EMRA”), which was conducting a similar examination at that point. 6 The Competition Board’s decision dated 11.04.2013 and numbered 13-21/285- 136 http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fGere k%C3%A7eli+Kurul+Karar%C4%B1%2f13-21-285-136.pdf (Date of access: 11.03.2017). 7 The Competition Board’s decision of “Başkent Elektrik Dağıtım A.Ş.” dated 6.11.2013 and numbered 13-62/857-365; The decision of “Sakarya Elektrik Dağıtım A.Ş” dated 6.11.2013 and numbered 13-62/856-364, The decision of “Boğaziçi& Akdeniz Elektrik DağıtımA.Ş.” dated 29.1.2014 and numbered 14-05/83-36.