ERDEM-NEWSLETTER-2018-metin

103 COMPETITION LAW The Competition Board regularly intervenes in the said market as a result of complaints and exemption applications. Considering the nu- merous decisions of the Competition Board, which include extensive market analyzes, detailed determinations for open and closed sales points in the market, one may observe that there is a serious struggle between the parties in terms of competition law, as well as two phases that are not unlike a football match. In the first phase, primarily all of the exemptions in the market are revoked, but this situation negatively influences Tuborg’s position in the market. Thereupon, the Board grants Tuborg the right to conclude exclusive agreements. The other player in the market, Efes, has requested exemptions several times; however, the Board has not granted exemptions to the latter. Nevertheless, the Competition Board signals in a totally different phase through its Decision on Revocation of the CPS Exemption. The increasing market power of Tuborg, which has been “protected” until this time, has caused the loss of this position of the undertaking and its exemption for the CPS. The most important part of this Decision is the determination that places Tuborg is in a competitive position with Efes with regard to market share, sales amounts, availability and financial power. Therefore, in the “second half-time,” placing Efes in the dominant position may no longer be possible. In a similar way, this change may create more than one dominant position, i.e. a joint domi- nant position. In any case, this market will continue to encompass the possibility to create really interesting and enjoyable competition law applications for a long time to come.