NEWSLETTER-2020-metin

174 NEWSLETTER 2020 in detail, that Documents 13 and 14 show that the undertakings made decisions regarding the production and sales of ready mix concrete.Ac- cordingly, only two production facilities were to conduct production, some of the vehicles of the undertakings were to be rented by Güven Beton, and the decisions were to be ratified by persons determined by the four undertakings. Moreover, the unit and pump prices and the producer that will mold the product were determined for sales from Yozgat city center to the villages. In these documents, the only active undertaking identified in Yozgat was determined as Güven Beton. The remaining documents confirm Article 4 infringements, as well. For instance, Document 19 determines in detail the manner in which the income-sharing that was obtained by Sorgun Emek Beton. The price tariffs that were to be implemented in villages in the Sorgun region is enumerated in Document 20. As a result, the Board deter- mined that Güven Beton and Sorgun Emek Beton were the joint sales points of the undertakings. The Board referred to the Guideline on Horizontal Cooperation Agreements, and questioned whether the subject matter infringement may be assessed under the relevant legislation. Accordingly, it stated that the objective of the joint sales agreement should be understood and decided whether it is executed for efficiency reasons or to form a cartel. According to the Board, the agreement between undertakings concerned the information sharing regarding price, sales amount and types, customer data, maturity options, income data and on an under- taking basis. In addition, the documents directly concerned price fix- ing, market and customer sharing. Furthermore, Sorgun Emek Beton and Güven Beton followed the compliance to the agreed subjects and they controlled the punitive sanctions. Therefore, the infringing par- ties should be assessed as a “cartel.” Accordingly, the assessment of the de facto or potential effects of the infringement were not necessary. Sanctions In line with the Regulation on Fines, the Board determined the base fine as “2%,” which is regulated for cartels. Accordingly, 2% of