On 26 October 2022, the Turkish Competition Board (“Board”) ruled that the economic entity “Meta”—consisting of Meta Platforms, Inc. (formerly Facebook Inc.), Meta Platforms Ireland Limited and WhatsApp LLC—holds a dominant position in Turkey in the markets for social network services for personal purposes, consumer communication services and online display advertising.
The Board unanimously concluded that Meta abuses its dominant position by combining the data it collects from its basic services (Facebook, Instagram, and WhatsApp), and thereby hinders competitors from operating in the above-mentioned markets and disrupts competition by creating barriers to market entry. For its abusive conduct, the Board imposed an administrative monetary fine of approximately EUR 18.6 million on Meta.
The Board also imposed behavioural remedies on Meta, in addition to the administrative monetary fine. Accordingly, Meta must submit to the Board the remedies necessary to end the violations, apply compliance remedies, and report to the Board at certain intervals over five years.
It would not be wrong to say that the Board has turned its attention to the intersection of personal data and competition law. Although its reasoned decision has not yet been published, this short decision of the Board appears to be in line with the opinion1 issued by Advocate General Rantos of the European Court of Justice in a similar investigation of Meta conducted by the German Competition Authority (Bundeskartellamt). Abuse of dominant position by infringing personal data seems to be one of the most important reasons for the competition authorities to investigate digital platforms.
A detailed assessment of the Board's ruling will be available once the reasoned decision is published. Keep following us for developments.
Footnote
1. https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62021CC0252. Last access date: 26 October 2022.
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