Investigation Conducted by the Turkish Competition Authority into Undertakings and Associations of Undertakings Operating in the Construction Chemicals Markets in Türkiye Has Been Concluded

The Turkish Competition Board (“Board”) has concluded its investigation initiated to determine whether undertakings and associations of undertakings operating in the construction chemicals markets in Türkiye violated Article 4 of Law No. 4054 on the Protection of Competition (“Law”).

By the decision of the Board:

• An administrative fine of TRY 31,332,351.95 was imposed on Mapei Yapı Kimyasalları İnşaat Sanayi ve Ticaret A.Ş. for violating the Law by fixing resale prices and imposing vertical territorial and/or customer restrictions.
• An administrative fine of TRY 11,418,569.29 was imposed on Chryso-Kat Katkı Malzemeleri Sanayi ve Ticaret A.Ş. for violating the Law by fixing resale prices, imposing vertical territorial and/or customer restrictions, and imposing non-compete obligations on buyers.

As for the other undertakings and the associations of undertakings under investigation — namely the Beton ve Harç Kimyasal Katkı Maddeleri Üreticileri Derneği (“Association of Concrete and Mortar Chemical Admixture Producers” – “KÜB”) and the Yapı Ürünleri Üreticileri Federasyonu (“Federation of Building Product Producers” – “YÜF”) — the Board found no evidence of a violation of Article 4 of the Law and therefore decided not to impose any administrative fines.

Within the scope of the investigation, it was determined that KÜB collected and shared with its members and with YÜF, in a consolidated format and with a delay of two to five months, the following annual market data concerning undertakings operating in the construction chemicals sector:

• Total production quantity
• Total turnover
• Total export quantity and value
• Total imported input quantity and value
• Total imported final product quantity and value
• Total employment
• Total capacity

Additionally, data on the total production quantity in the concrete admixtures product group, broken down by subcategories, were shared in a similar manner with the European Federation of Concrete Admixtures Associations.

The Board concluded that:

• The data-sharing practice does not qualify for a negative clearance certificate under Article 8 of the Law,
• However individual exemption may be granted under Article 5 of Law No. 4054, provided that the data collection is carried out through a digital system operated by an independent undertaking, and that at least five members participate in the data-sharing process.

You can access the full text of the decision (in Turkish) here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

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