March 2022 – On 2 March 2022, the Turkish Competition Authority announced its long-awaited final decision regarding its investigation to determine whether 27 private healthcare institutions and associations of undertakings in the cities of Bursa and Samsun violated Article 4 of the Turkish Competition Law through gentlemen's agreements, price fixing and information exchange. In this regard, the Board imposed a total administrative monetary fine of approximately EUR 3.6 million on 18 private healthcare providers and 1 health institution in Samsun and Bursa, based on their 2020 turnover figures.
The Board kept a close eye on labour markets last year, with separate investigations in different sectors. This decision is especially noteworthy as it was the Board's first major decision as a result of its labour market investigations. Based on the administrative monetary fines imposed on the undertakings, it is clear that the Board adopted a rather strict approach related to any kind of anti-competitive information exchange, agreement or conduct within the labour markets of the heath sector.
The Board ruled that three conducts are in violation of Turkish Competition Law and imposed the following fines:
- A total of approximately EUR 810,000 of administrative fines were imposed on four undertakings in Samsun and two undertakings in Bursa for violating Article 4 by fixing prices among themselves. The Board defined their conduct as a "cartel agreement" and imposed its fine accordingly.
- A total of approximately EUR 2.7 million of administrative fines were imposed on 16 undertakings in Samsun and Bursa, due to violation of Article 4 through restrictive conducts in the labour market, including determination of the salaries to be given to employees and the prevention of employee transfer from one hospital to another.
- A total of approximately EUR 62,000 of administrative fines were imposed on 8 undertakings in Bursa for violation of Article 4 by exchanging competitively sensitive information.
- The Board decided that there was no need to impose administrative fines on the other 8 undertakings, as no information or documents that would prove that they restricted competition could be found.
A detailed assessment of the Board's ruling will be available once the Board's reasoned decision is published. Keep following us for developments.
For further information please contact Merve Öner Kabadayı, Associate, at moner@gentemizerozer.com, Umut Aydoğan, Legal Trainee, at uaydogan@gentemizerozer.com and Utku Efe Çal, Student Trainee, at ecal@gentemizerozer.com.
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