The Turkish Competition Board Accepts The Commitments Of Tadim, Which Abused Its Dominant Position Through De Facto Exclusivity

1. Introduction

On August 12, 2021, the Turkish Competition Board ("Board") initiated an investigation on whether Tadım Gıda Maddeleri San. ve Ticaret A.Ş. ("Tadım"), a supplier of packaged dried nuts, violated Articles 4 and 6 of the Law No. 4054 on the Protection of Competition ("Law No. 4054")¹ through abusing its dominant position in the packaged dried nuts market with exclusionary practices, making it difficult for its competitors to operate in the market, and through resale price maintenance ("RPM").

The investigation was finalized upon Tadım's commitment application, as the Board decided that the commitments offered by Tadım were appropriate to eliminate the competition law concerns identified during the preliminary investigation and full-fledged investigation phases, and therefore no administrative monetary fine was imposed against Tadım ("Decision")².