Administrative Fine Imposed on Spotify for Obstructing an On-Site Inspection

The decisions rendered by the Competition Board (“Board”) within the scope of the preliminary investigation concerning Spotify include significant findings regarding compliance with on-site inspection obligations. Board emphasized that global organizational structures of digital platforms do not eliminate such obligations and that effective and timely cooperation during the inspection process is mandatory.

During the inspection, the failure to provide access to authorized personnel located abroad and to allow the examination of electronic data was deemed to constitute obstruction of the on-site inspection.

The key points are summarized below:

• The Board considered the failure to provide access to  relevant individuals during the process as direct obstruction of the on-site inspection.
• The limited physical presence in Türkiye or the fact that relevant personnel are located abroad was not accepted as a factor eliminating on-site inspection obligations.
• It was decided to impose an administrative fine on Spotify amounting to 0.5% of its 2024 gross revenues due to the obstruction of the on-site inspection.
• In addition, a daily administrative fine amounting to 0.05% of its 2024 gross revenues was imposed for each day the infringement continued.
• The daily administrative fine was applied until the on-site inspection was carried out, bringing the total fine to TRY 27,630,373.57.

You may access the full Turkish text of the reasoned decisions here and here.