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Competition Board’s Decision on Electricity Privatizations
PPA notified the winning undertakings of tenders of TEDAŞ, BEDAŞ,
Dicle Elektrik, Gediz Elektrik and Trakya Elektrik to the Competition
Authority for its approval. The Competition Board has given its decision
concerning the notifications of PPA(hereinafter referred to as the “Summary
Decision”) in its session dated December 16, 2010 and published it on the
official web site of the Competition Authority. However, the full decision
has not yet been published.
In its Summary Decision, the Competition Board, while reviewing the
applications filed within the scope of the privatizations of BEDAŞ, Gediz
Elektrik, Trakya Elektrik Dağıtım A.Ş. and Dicle Elektrik Dağıtım A.Ş.,
conducted separate evaluations in terms of each undertaking. The Board,
in its evaluation, handled the tenders in which each undertaking submitted
a bid all together, in terms of their effects on competition in the relevant
market.
In the Summary Decision, while the relevant product market is not
specified, taking into consideration the Competition Board’s decision on
Çoruh ElektrikDağıtımA.Ş., Yeşilırmak ElektrikDağıtımA.Ş., Osmangazi
Elektrik DağıtımA.Ş, Fırat Elektrik DağıtımA.Ş., this market appears to be
the “electricity distribution services” and “retail sales made to consumers
composed of small-sized industrial, commercial and household”. The
relevant product market is the market concerning the goods and services
within the area of activity of the undertakings taking part in the merger or
acquisition transaction. In determination of the relevant product market,
the market composed of goods and services which are considered the
same by customers, in terms of price, intended use and qualifications, is
taken into consideration and other factors that could have an effect on the
determined market are also evaluated.
In respect of İş – Kaya - MMEKA OG, İş-Kaya MMEKA- Rosse OG
and Aksa Elektrik
The Competition Board decided that İş-Kaya-MMEKA OG and
Aksa Elektrik, the highest bidders on the privatizations of BEDAŞ, Gediz
Elektrik and Trakya Elektrik, are under the same economic entity and
therefore these two undertakings are to be regarded as one and the same
undertaking under the scope of Article 3 of Act No. 4054 on the Protection
of the Competition (hereinafter referred to as the “Competition Act”).