NEWSLETTER-2020-metin

173 COMPETITION LAW a single price, avoiding competition. Consequently, the ready mix con- crete prices have increased from 150 TL/m3 to 175 TL/m3, although a cost increase was out of the question. The Board determined that a number of documents seized in the raids that were conducted indicate that the ready mix concrete produc- ers held meetings and made decisions regarding ready mix concrete production and sales. Those documents explicitly indicate the pres- ence of the undertakings’ intent for a joint objective or resolution, as well as their dependency upon this joint objective. Moreover, it is indisputable that the undertakings are parties to a joint agreement, since they are in communication, share competitively sensitive information regarding product price, amount, customer data, maturity choices, etc., and established two different undertakings for online sales purposes. According to the Decision, Irgatoğlu, Tamer, Coşkunlar and Koç Beton, which are active in the Yozgat region, have established an un- dertaking named Güven Beton, in 2018, that conducts activities only in sales and marketing. Irgatoğlu, Ekiciler, Üç Yıldırım, which are active in the Sorgun region, established an undertaking named Sorgun Emek Beton, in 2018 which, similarly, conducts activities only in sales and marketing. The customers who were interviewed by the Competition Authority stated that before the establishments of Sorgun Emek Beton and Güven Beton, the ready mix concrete product could be obtained at different prices, and from different undertakings. On the other hand, following these establishments, the customers have been directed to the newly formed undertakings that were referred to as “the union.” Moreover, in one of the customers’ projects, different undertakings provided the ready mix concrete, although the provider was Güven Beton. The ready mix concrete producers, on the other hand, stated that the objective of the establishments was to obtain cost savings and efficiencies through forming a sales center that meets big customer demands. Notwithstanding, considering the documents at hand, the Board holds a completely different opinion. For instance, the Board explains,