ERDEM-NEWSLETTER-2018-metin

89 COMPETITION LAW • The market of electricity retail sales made to residential cus- tomers. Relevant geographical markets are for industrial customers who are connected to the system at the transmission level: Turkey, for industrial customers connected to the distribution system level; prov- inces where the ASC operates, and also for residential customers; the area where the ASC operates. It should be noted that in the CK decision, there is a long relevant product market section based on detailed market analyzes that were not easily found in the decisions of the Competition Authority until recently. This can be seen as a sign that the Competition Authority is more rigorous about the relevant market, and that it is analyzing the market more intensively. In terms of distribution services, distribution companies are found to be dominant in the area in which they operate. In terms of sales of retail electricity, it is determined that the ASC is dominant in the mar- kets of “electricity retail sales made to industrial customers connected to the system at the distribution level,” “electricity retail sales made to commercial customers,” and “electricity retail sales made to resi- dential customers.” Relevant product markets and dominant position determinations are the same in both the CK and Enerjisa decisions. This point also shows that the practice of the Competition Authority in this respect shall continue as such in the future. Violation Topics In the CK decision, the behaviors examined by the Competition Authority in the sense of Article 6 of Law No. 4054 are listed, below: 1. Group: Giving ASCs access to competition-sensitive infor- mation that is within the body of the distribution company, and actions of distribution companies that provide competi- tive advantages to ASCs. a) Proving ASC access to the competition-sensitive in- formation of the distribution company, and providing competitive advantages to the ASC in this manner.