EssilorLuxottica Decision: Unpacking The Effects On The Market And Breached Commitments

On 28 August 2023, the Turkish Competition Authority ("TCA") decided that EssilorLuxottica S.A. ("EssilorLuxottica") violated competition laws by bundling ophthalmic lens and ophthalmic machinery together which led to the exclusion of competitors in the market. On August 8, 2024, the TCA has published the reasoned decision¹ ("Reasoned Decision"), providing greater clarity on its assessments. As previously analyzed in our team's article titled "Unbreakable Rules - Commitments: Turkish Competition Authority's EssilorLuxottica Decision" the TCA also concluded that EssilorLuxottica's that were deemed as abuse of its dominant position simultaneously breached the commitments it provided in the past in relation to conditional merger clearance decisions. In this article, we will first review the history of the Board's decisions that paved the way for the recent decision, and then examine the Board's analysis in determining the breach of commitments. On the other hand, it