TO THE PRESIDENCY OF THE REPUBLIC OF TURKEY COMPETITION AUTHORITY

(Complaint / Law No. 4054, Articles 4, 6, 7)

Applicant (Complainant):
Title/Name-Surname: [•]
MERSIS/Tax Identification Number/Turkish National Identification Number: [•]
Address: [•]
UETS: [•]
Tel/Email: [•]
Representative: Attorney [•] (Bar Association Registration: [•]) / Address: [•] / UETS: [•]

Complaint Against Undertaking(s):
Title: [•] (MERSİS/Tax Identification Number: [•]) – Headquarters: [•]
(If any) Other Related Undertakings/Undertaking Associations: [•]

Subject: Our request is for the determination that Article 4 / Article 6 / Article 7 (as appropriate) of Law No. 4054 has been violated due to the anti-competitive behavior of the complainant(s) in the [•] sector ; for a preliminary investigation to be initiated and an inquiry opened ; for an on-site inspection to be carried out; for provisional measures to be applied where necessary ; for the violation to be terminated and for an administrative fine to be imposed.

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I. SUMMARY OF EVENTS AND SPECIFIC FACTS

1. The applicant has been operating in the [•] sector since [•] date. The basic functioning of the market, the main players, supply and distribution channels, customer profile and price formation mechanisms are summarized as follows: [•].

2. The respondent(s) [•] commenced practices restricting competition through [type of conduct] from [•] onwards; in this context:

   • [e.g., Resale Price Determination (RPM)]: The final prices to be applied by dealers/sellers are effectively dictated. This is evidenced by the emails/WhatsApp correspondence/distribution agreement provisions dated [•].

   • [e.g., Territory/customer sharing – cartel/concerted action]: Meeting notes dated [•] and correspondence with content [•] between [Undertaking A] and [Undertaking B] demonstrate commitments to transfer customers and not submit bids.

   • [e.g., Abuse of Dominant Position]: [•], holding a dominant position with [•]% market share in the relevant market, margin tightening/loyalty discounts/discriminatory conditions ; thereby preventing competitors from competing effectively.

3. As a result of these actions price levels increased, the applicant's market share and sales volume decreased, transition costs for customers rose , and barriers to market entry strengthened. Price series dated [•], contract amendments dated [•], shipping/supply records [•] and customer complaints [•] confirm these effects.

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II. RELATED PRODUCT AND GEOGRAPHICAL MARKET

1. Product market: Considering the criteria for demand substitution and supply substitution (feature, price, intended use), the relevant product market [•] . [Please specify if there is a differentiation based on technical specifications/certifications/channel.]

2. Geographic market: Considering logistics, price differentiation, legislation, and commercial conditions, the geographic market should be defined as [Turkey / regional (e.g., Marmara) / local (e.g., Istanbul)]

3. Market power indicators: As of [•] year, the market share of the complainant(s) is approximately [%•], and the share of the closest competitor [%•] . Concentration measures (e.g., HHI) and barriers to entry (monopolistic supply, network effects, data superiority, exclusivity) exist.

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III. LEGAL CLASSIFICATION

A. Law No. 4054, Article 4 (Agreements / Concerted Actions / Decisions of Enterprise Associations)

• [If any] There are serious by-object violations such as fixed/maximum price imposition, region/customer sharing, bid coordination constituting bid rigging, and information exchange . These are prohibited without the need for an impact analysis.

• Vertical restrictions that limit competition (RPM, passive selling ban, discriminatory discounting, if any ) are not covered by the group exemption ; the individual exemption conditions (efficiency, consumer benefit, necessity, and non-elimination of competition) are also not met in the specific case.

B. Law No. 4054, Article 6 (Abuse of Dominant Position)

• The dominant position [•] creates exclusionary results through margin squeezing , predatory pricing , loyalty discounts , discrimination among equally positioned buyers , and tying/connection . The behavior lacks objective justification and is disproportionate .

C. Law No. 4054, Article 7 (Concentrations)

• , significantly reduces competition. If the transaction is not notified, subsequent notification and fines will apply.

D. Exclusion of Exemptions and Legitimate Justifications

• that the respondent(s) might raise— such as efficiency, quality standardization, freely determined recommended pricing , etc.— unproven and disproportionate ; less restrictive alternatives exist.

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IV. PROCEDURAL REQUIREMENTS AND TOOLS

1. Preliminary Investigation and Inquiry: In accordance with Law No. 4054, a preliminary investigation is initiated to collect evidence; if deemed necessary, to open an investigation .

2. Request for Information and Documents and On-Site Inspection: It is requested that information and documents be requested and an on-site inspection be carried out at the premises of the party complained against , in particular the examination of the meetings dated [•], price lists, dealer agreements, campaign/discount policies, e-mail and messaging records.

3. Interim Measure: Given the seriousness of the violation and the risk of irreparable harm , it is requested that interim measures be established to immediately stop the application of [•], suspend the ban on [•], and lift the access/supply restrictions on [•]

4. Cessation of Violation and Behavioral/Structural Measures: It is requested that , within the framework of Law No. 4054 , a decision be made to cease the violation , to inform the offender that direct sanctions will be applied in case of repetition , and to impose behavioral and structural obligations if necessary

5. Administrative Fines / Daily Penalties: Administrative fines are imposed taking into account the duration, severity, and effects of the violation ; daily administrative fines may be applied where necessary to ensure enforcement of the decision .

6. Confidentiality / Trade Secret: The applicant requests that the trade secret information and documents submitted be kept confidential, not shared with third parties, and that the information be anonymized in the decision text

7. File Review and Notifications: We reserve the right to review files throughout the process ; notifications are requested to be made via UETS.

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V. EVIDENCE

1. Email correspondence dated [•] (APPENDIX-1)

2. Dealer/distributor agreements dated [•] (ANNEX-2)

3. Price lists, campaign/discount policies (Appendix-3)

4. Sales/market share tables, HHI/concentration analyses (Appendix-4)

5. Customer complaints and witness statements (Appendix 5)

6. Accounting/shipping/supply records (Appendix-6)

7. Press/announcement/website archives, meeting minutes (Appendix-7)

8. All kinds of legal evidence.

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VI. LEGAL GROUNDS

Law No. 4054 , Articles 4, 5, 6, 7, 9, 14, 15, 16, 17 and related legislation, Board circulars and guidelines (e.g., on vertical agreements, horizontal cooperation, abuse of dominant position ), general principles and other legislation.

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VII. CONCLUSION AND REQUEST

For the reasons explained above;

1. A preliminary investigation is to be initiated under Law No. 4054 , followed by the opening of an investigation .

2. Requesting information and documents from the person(s) complained against and conducting an on-site investigation ,

3. Temporary measures should be implemented to prevent irreparable harm .

4. Detecting the violation , ending it , and prescribing behavioral/structural measures if deemed necessary ,

5. Administrative fines, and if necessary daily administrative fines, may be imposed , taking into account the severity and duration of the violation .

6. We respectfully request and demand, on behalf of our client, that the court rule to protect the confidentiality of the applicant's trade secrets and to ensure that notifications are made via the UETS system
   

Date: [•]
Applicant's Attorney
[•]
(Signature)

Attachments: APPENDIX-1…APPENDIX-[•] (list of evidence) – Sample power of attorney – Commercial registry/representation documents – Contact information