In the context of the information and documents obtained during the preliminary investigation and the investigations carried out; It was evaluated that the system members in the distribution system of VOLTA intervened in the freedom of price setting and that some provisions in the contracts it concluded with its resellers had the character of regional and customer restrictions. It was decided to open an investigation with article 41 of the same law to determine whether there was a violation of article 4 of law no. 4054.

Article 4 – Agreements between undertakings, concerted practices and similar decisions and actions by associations of undertakings which have as their object, directly or indirectly, the prevention, distortion or restriction of competition in a particular market for goods or services, or which have or may have as their effect such prevention, distortion or restriction, 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 profits, and all kinds of purchase or sale conditions,
b) Sharing or controlling all kinds of market resources or elements by dividing up markets for goods or services,
c) Controlling the quantity of supply or demand for goods or services or determining it outside the market,
d) Complicating or restricting the activities of competing undertakings, or excluding undertakings active in the market by means of boycotts or other conduct, or preventing new entrants from entering the market,
e) Applying different conditions to persons of equal status for equal rights, obligations and actions, except for exclusive franchise;
f) Contrary to the nature of the contract or commercial practice, requiring the purchase of another good or service together with a good or service, or making a good or service requested by buyers acting as intermediaries dependent on the display of another good or service by the buyer, or imposing conditions as to the resupply 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 or in the balance between supply and demand or in the areas of activity of the undertakings are comparable to those on markets where competition is prevented, distorted or restricted, creates a presumption that the undertakings are engaged in concerted action.