ERDEM-NEWSLETTER-2018-metin

100 NEWSLETTER 2018 After almost 3 years from the Decision on Revocation of Exemp- tion, Tuborg applied for exemption again, as it had lost its market shares to Efes. Certain exceptions to the Decision on Revocation of Exemption are stipulated through the Decision of The Competition Board dated 10.04.2008 and numbered 08-28/321-105 (“Cabinet Rule Decision”). However, the most important rule brought by this decision is for CPS with net sales areas of 100 m2 and under; in this regard, if no other alcoholic beverage cooler is available to the consumer, directly, except for the Efes or Tuborg cooler, then the competing products will be allowed to cover up to 20% of the total cooler volume at the point of sale. Thus, Tuborg obtained the opportunity to place its products in Efes coolers at many points of sale. Nevertheless, in spite of the Cooler Rule Decision, a decrease in the market shares of Tuborg continued. The Competition Board deter- mined, in its Decision dated 18.03.2010 and numbered 10-24/331-119 (“Tuborg Exemption Decision”), that the market shares of Tuborg decreased, the market shares of Efes continued to increase, and the small players in the market pulled out of the market, altogether. For this reason, individual exemption is granted to agreements that include exclusivity, and that will be concluded by Tuborg and its distributors with CPS and the OPS. In the meantime, there are a great number of Competition Board decisions regarding complaint and exemption applications, including various 2 decisions in relation to the franchise system called “Eko- mini” that was carried into effect by Efes. Therefore, this situation indicates that the “quarrel” regarding competition law between the two big players in the beer market, continues to increase. Within this framework, in the Decision dated 03.07.2017 and numbered 17- 20/320-142, the Board, on the one hand, rejected the request to grant exemption to the agreements to be concluded between Efes and the CPS, while, on the other hand, upon the request of the same undertak- ing, it examined the request for revocation of the individual exemption that Tuborg has in the closed beer market. 2 The Decision of the Competition Board, 23.05.2012, No.12-27/795-223 and the Decision of the Competition Board, 09.10.2013, No. 13-57/802-341.