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The Competition Authority has opened an investigation against Duracell: here’s why

  • September 28, 2023
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The Competition Authority is one of the most popular battery manufacturers in Turkey and even in the world. DuracellHe announced that he was investigating . According to the

The Competition Authority is one of the most popular battery manufacturers in Turkey and even in the world. DuracellHe announced that he was investigating . According to the statement, Duracell ensures that buyers and customers leading to limitation It had a number of commercial applications. The institution stated that the findings regarding Duracell were serious and sufficient and an investigation was opened accordingly.

In the context of the investigation initiated by the Competition Authority, Duracell Law No. 4054 on the Protection of Competition An investigation is underway to determine whether a violation has occurred. The company has not made a statement about this, but with huge fines It seems like it could be confrontational.

Statement from the Competition Authority:

A preliminary investigation has been conducted into the allegation that Duracell Sales and Distribution Limited Company, which operates as a battery supplier in the fast-moving consumer goods sector, violated Article 4 of Law No. 4054 on the Protection of Competition by increasing the resale price of its determine products. buyers and limiting the regions and customers in which the buyers will sell, it was decided by the board.

The Competition Council, which discussed the information, documents and findings obtained in the preliminary investigation in its meeting of 07.09.2023, considered the findings serious and sufficient; It was decided to initiate an investigation against Duracell Sales and Distribution Limited Company, number 23-41/786-M.

What does Article 4 of Law No. 4054 on the Protection of Competition say?

Article 4- Agreements between undertakings, concerted practices and similar decisions and actions of associations of undertakings the object of which is to prevent, distort or restrict, directly or indirectly, competition on a particular market for goods or services or which have or may have the effect of doing so , are unlawful and prohibited.

These situations are in particular:

a) Determining the purchase or sale price of goods or services, the factors that determine the price, such as costs and profit, and all kinds of purchase or sale conditions,
b) Sharing or controlling market resources or elements of all kinds by dividing markets for goods or services,
c) Controlling the demand or supply quantity of goods or services or determining it outside the market,
d) Complicating or restricting the activities of competing enterprises, or excluding enterprises from the market through boycott or other conduct, or preventing new entrants from entering the market,
e) Applying different conditions to persons of equal status for equal rights, duties and actions, with the exception of exclusive franchise;
f) Contrary to the nature of the contract or to commercial practice, which requires the purchase of another good or service together with a good or service, or makes a good or service requested by buyers acting as intermediaries dependent the exhibition of another good or service by the buyer, or the enforcement of conditions relating to the re-delivery of a purchased good or service,

In cases where the existence of an agreement cannot be proven, the fact that price changes on the market, the balance between supply and demand, or the areas of activity of the undertakings are similar to those in markets where competition is prevented, constitutes an disturbance or limited, a presumption that the undertakings are involved in concerted action.

Provided it is based on economic and rational facts, each party can avoid liability by proving that it did not act in concert.

Source: Web Tekno

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