Announcement of the board decision regarding META’s failure to meet its obligations
1. Meta Platforms Inc., Meta Platforms Ireland Limited and WhatsApp LLC (collectively META) and Madoka Turkey Bilişim Hizmetleri Ltd. Ltd. In the context of the Council decision of 20.10.2022 and numbered 22-48-706-299, taken following the investigation against (MADOKA);
A. MADOKA, who is under investigation, does not play any role in the presentation of the activities under investigation, and therefore cannot bear any responsibility for the allegations assessed in the file in the context of the investigation,
B. META dominates the markets for personal social networking services, consumer communications services, and online display advertising.
C. By combining the data collected through Facebook, Instagram and WhatsApp services, which are called basic services, META causes distortion of competition through the activities of its competitors active in the field of social networking services for personal purposes and complicate online display advertising markets and create an obstacle to the market. entry, and Article 6 of Law No. 4054. Article violated.,
D. For this reason, META is subject to the third paragraph of Article 16 of Law No. 4054 and subparagraph (b) and the second paragraph of the first paragraph of Article 5 of the “Regulation on agreements restricting competition, concerted actions and decisions and fines are imposed in the event of abuse of a dominant position”. and an administrative fine of TL 346,717,193.40 to Meta Platforms, Inc., Meta Platforms Ireland Limited, WhatsApp LLC, based on their annual gross income generated at the end of the fiscal year 2021 and determined by the Board, in accordance with the provided in Article (b) of the third paragraph
Unpleasant. To put an end to the violation specified in paragraph (c) of META and to ensure the establishment of effective competition in the market;
A. In order to submit the necessary measures to the Competition Authority (Institution) within 1 (one) month after notification of the reasoned decision,
B. In order to take the necessary measures within six (6) months of notification of the reasoned decision,
C. It has been decided that it will comply with its obligations to report periodically to the Institution once a year for a period of 5 (five) years from the start of the implementation of the first harmonization measure.
2. The request for extension of the period for the extension of the 1 (one) month period established for the notification of the relevant reasoned decision by META on 09.09.2023 and for documenting the necessary measures to the Authority until 09.12.2023, was submitted to the Board dated 05.10.2023 and numbered 23-47/902. It was accepted with decision No. -M.
3. The compliance measures submitted by META to the Administration of the Institution within the period and revised on 19.12.2023 were discussed at the board meeting of 21.12.2023 and the explanations and explanations in the section of the said suggestions entitled ” Confirming the election by initiating the compliance resolution” ;
– Determined in subparagraph (a) of paragraph e) of the decision of the Board of Directors of 20.10.2022 and numbered 2248-706-299;
– “To submit to the Authority the necessary measures to put an end to the specified violation and to ensure the establishment of effective competition in the market, at the latest within 1 (one) month after the notification of the reasoned detailed decision.”
is not sufficient to meet the obligation;
– Since the request for an extension of the 1 (one) month period established for the certification of the necessary measures to the Institution in the context of the obligation in question until 09.12.2023 was accepted by decision of the Board of Directors of 05.10 .2023 and numbered 2347/902-M, the Council dated 20.10.2022 and Whereas the deadline for submission of the Final Compliance Solution to the Authority by META is within the scope of the obligation in paragraph (a) of decision No. 22 -48/ 706-299 is 11.12.2023, the first paragraph of Article 17 of the Law on Protection of Competition No. 4054. Within the scope of paragraph (a) and the second paragraph, from 12.12.2023, the META economic integrity, consisting of Meta Platforms, Inc., Meta Platforms Ireland Limited and WhatsApp LLC, will be transferred to the economic integrity of META, for each day until the Final Compliance Solution is entered into the records of the Competition Authority, for the year 2022. An administrative fine of TL 4,796,152.96 is imposed on his net income.
It was decided with the number 23-60/1162-417.