NEWSLETTER-2020-metin

177 COMPETITION LAW Standard of Proof in Cartel Allegations in Light of Turkish Competition Board’s Egg Producers Decision* Att. Merve Bakırcı Introduction In its decision numbered 19-21/306-132 and dated 13.06.2019 (“Board Decision”), the Turkish Competition Board (“Board”) evalu- ated the complaint regarding allegations that egg producers that are active in Mardin were fixing prices by way of agreements. After its examination, the Board dismissed the complaint, and decided not to initiate a full-fledged investigation. The Board Decision has significant importance due to the detailed evaluation of documents that were provided to support cartel allega- tions contained in the case file, and since it shows the Board’s recent approach in relation to the standard of proof in cartel cases. Allegations in the Board Decision In the complaint dated 28.11.2018 and numbered 8533, which was filed confidentially, it was alleged that (i) Dicle Tarım Gıda Pazarlama Nakliyat İnşaat Hayvancılık San. ve Tic. Ltd. Şti. (“Dicle Yumurta”), Hacıhasanoğulları Otomotiv Petrol İnşaat Tarım Hayvancılık San. ve Tic. Ltd Şti. (“Naz Yumurta”), Fırat Nakliyat Gıda Taahhüt Sanayi ve Ticaret Ltd. Şti. (“Fırat Yumurta”), which are egg producers that are active in Mardin, and Bayza Petrol Kuyumculuk Nakliyat Tarım Hayvancılık San. ve Tic. A.Ş. (“Bayza Yumurta”) active in Midyat (“Investigated Undertakings”), were the biggest egg producers and suppliers in the region, (ii) since the beginning of 2018, these four undertakings have been fixing prices above average for packaged egg prices through cartel involvement , (iii) since obtaining eggs from alternative regions entails higher costs, no one buys eggs from alterna- * Article of January, 2020