ERDEM-NEWSLETTER-2018-metin

85 COMPETITION LAW General Evaluation Regarding the Decisions of the Competition Board in the Electricity Distribution Sector* Att. Mert Karamustafaoglu Introduction Investigations regarding distribution and authorized supply com- panies (“ASCs”) that the Competition Board has been conducting are nearing completion. The process that started with the first decision of the Mediterranean Electricity 1 (“CK decision”) continued with the Enerjisa decision 2 . The Competition Authority’s final decision is expected to be rendered after submission of the oral defense regarding Gediz-Aydem. The CompetitionAuthority took a more active role and conducted various investigations on the electricity distribution and supply mar- kets, especially after the Electric Wholesale Market and Retail Sales Sector Research 3 (“Sector Research”), which was completed in 2015. However, in the CK and Enerjisa decisions, the Competition Au- thority made some important determinations that shall be discussed for a long time to come, and it also answered questions that have been unanswered for some time. As a result of the decisions that are of great importance in terms of distribution companies and the ASCs, the Competition Authority’s “red lines” were announced both in terms of * Article of August 2018 1 http://www.rekabet .gov. tr/Karar?kararId=537b366a-8bd7-4821-8760- 43592452b711 (Access date: 30.08.2018). 2 http://www.rekabet.gov.tr/tr/Guncel/enerjisa-enerji-a-s-istanbul-anadolu-yak 379de582dd9be81180e000505694b4c6 (Access date: 30.08.2018). 3 Rekabet Kurumu’nun Elektrik Toptan Satış ve Perakende Satış Sektör Araştırması http://www.rekabet.gov.tr/Dosya/sektor-raporlari/10-elektrik-toptan-sati , (Access date: 30.08.2018).