Competition Board Announced Its Final Decision Regarding the Investigation Against Trendyol
The investigation initiated against DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş. (Trendyol) with the Competition Board (Board) decision dated 23.09.2021 and numbered 21-44/650-M is concluded. In this context, the Board decided in its short decision (Decision) that,
- Trendyol has a dominant position in the multi-category e-marketplace market,
- Trendyol violated Article 6 of the Law No. 4054 on the Protection of Competition (Law No. 4054) by interfering with the algorithm and using the data of third-party sellers selling on the marketplace, to unfairly favor its own retail activity and complicating the activities of its competitors.
Therefore, the Board imposed an administrative fine in the amount of 61.342.847,73 TRY against Trendyol.
In addition, in order to terminate the violation and to ensure the establishment of effective competition in the market, Trendyol was obliged to (i) take necessary measures by avoiding interventions made through algorithms and coding that would provide an advantage over its competitors, (ii) avoid the use of all kinds of data obtained and produced/ generated from the marketplace activity for its private label products related to retail activity and take all necessary technical, administrative and organisational measures to ensure this, and (iii) store certain data specified by the Board for a period of three years.
Trendyol is required to fulfil the above-mentioned obligations within the period determined by the Board, to make an application to the Competition Authority (Authority) within the specified period to determine whether the three-year period will be extended, to submit the compliance measures it has prepared and to submit a periodic report to the Authority once a year for a period of five years starting from the implementation of the first compliance measure.
This decision is not final and can be appealed before the administrative courts within 60 days following the notification of the reasoned decision.
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