ERDEM-NEWSLETTER-2018-metin

86 NEWSLETTER 2018 distribution and supply markets. Thus, the Competition Authority has set new rules on electricity trading. Beginning of the Competition Law Investigations in the Electricity Market Immediately after privatization in the distribution sector, which was completed in 2013, claims regarding aggravation of activities of independent supply companies and consumers’ change of suppliers have been brought to the agenda 4 . These claims were rejected by the Competition Board on the grounds that privatizations have just been completed, and as the work on decomposition has just begun, there is insufficient evidence as to the justifiability of the claims, and that the preliminary investigations carried out are “sufficiently stimulating” for the distribution companies. Particularly in 2014, allegations were made that were very simi- lar to the allegations discussed in the recent investigations and were brought before the Competition Authority, but the Board provided an opinion under the Article 9/3 of Law numbered 4054 instead of conducting an investigation 5 . The Competition Authority did not de- termine that a clear violation had been committed, especially in the Sector Investigation, despite the detailed determinations and various warnings about distribution companies and ASCs. For this reason, although the Competition Authority Sector Research has stated that it 4 Başkent Elektrik DağıtımA.Ş. decision, 6.11.2013, No. 13-62 / 857-365; Sakarya Elektrik Dağıtım A.Ş. decision,6.11.2013, No. 13-62 / 856-364; Boğaziçi & Ak- deniz Elektrik Dağıtım A.Ş. decision, 29.1.2014, No. 14-05 / 83-36, http://www. rekabet.gov.tr/Karar?kararId=ddd2a419-fe4c-40a4-830e-8ef7ab8b307f (Access date: 30.08.2018). 5 For detailed decisions regarding the subject; AYEDAŞ Decision dated 22.10.2014 and numbered 14-42/761-337, http://www.rekabet.gov.tr/File/? path=ROOT%2f1%2fDocuments%2fGerek%C3%A7eli+Kurul+Karar%C4 %B1%2f14-42-761-337.pdf (Access date: 30.08.2018); CLK Decision dated 22.10.2014 and numbered 14-42/762-338, http://www.rekabet.gov.tr/File/?path =ROOT%2f1%2fDocuments%2fGerek%C3%A7eli+Kurul+Karar%C4%B1% 2f14-42-762-338.pdf (Access date: 30.08.2018) ; Gediz-Aydem Decision dated 03.12.2014 and numbered14-47/860-390, http://www.rekabet.gov.tr/File/?path =ROOT%2f1%2fDocuments%2fGerek%C3%A7eli+Kurul+Karar%C4%B1% 2f14-47-860-390.pdf (Access date: 30.08.2018).