ERDEM-NEWSLETTER-2018-metin

98 NEWSLETTER 2018 A.Ş. (“Efes”) and Tuborg Pazarlama A.Ş. (“Tuborg”), have created the most detailed and colorful applications regarding Turkish competition law history. The reflections of the change in the beer market is seen in com- petition law practices through the Competition Board decision dated 09.11.2017 and numbered 17-36/583-256. With this decision, Tuborg, who has benefited from the exemption regime, has started to be subject to the same conditions as Efes, as Tuborg’s market share has increased. The individual exemption granted for the exclusive agreements of Tuborg in the closed beer market has been revoked by this decision. Therefore, the possibility of the removal of the exemptions applied in the beer market have arisen in respect of both of the big players. The Features of the Beer Market Regarding Competition Law Upon examination of the Competition Board decisions, the mar- ket structure and the influence of the regulations of the Tobacco and Alcohol Market Regulatory Authority (TAMRA) are truly effective through the decisions numbered 17-36/583-256. Making the products in the cold beer market available to consumers is important according to the Competition Authority 1 . In this regard, it is important for the producers to have refrigerated coolers present in the points of sale. When producers have more types of products that they can offer cold at the point of sales, they have greater advantage in direct proportion. Therefore, producers have the opportunity thereby to promote their products to consumers. Considering the fact that there is a prohibition on advertising in the said market, having refrigerated coolers in the points of sale is of paramount importance. The Competition Board expresses that especially with the regulations made in 2013, the pro- hibitions regarding advertisements and sponsorship entered into force and, therefore, the said market passed into the dark market conditions. According to the Board, it is considerably difficult for new undertak- ings to enter into the market because of the dark market conditions and prohibitions on advertising. Indeed, it is impossible for new players who enter the market to compete with the current producers that are 1 Decision of the Competition Authority, 09.11.2017, No. 17-36/583-256.