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COMPETITION LAW
165
The Competition Board Evaluated the Allegations of Abuse of
a Dominant Position Against Fer Mas Oto Ticaret A.Ş. by not
Providing Spare Parts Requested by a Private Service
9
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Att. Begüm Taner Huntürk
The Parties and the Allegations
The complainant is a private service company providing services
for Ferrari, Maserati, Aston Martin, and Porsche vehicles. Fer Mas Oto
Ticaret A.Ş: (“Fer Mas”) is the sole distributor of Ferrari vehicles and
their spare parts, and is their sole authorized service provider in Turkey.
The complainant alleged that they tried to purchase spare parts for
these brands from Fer Mas, However, their requests were refused by Fer
Mas without any just cause, and this situation caused the complainant
private service to suffer damages which cannot be overcome.
Moreover, the complainant alleged that Fer Mas has infringed the
Competition Act and also the Block Exemption Communiqué on Vertical
Agreements and Concerted Practices in the Motor Vehicle Sector
(“Communiqué”).
Relevant Market
The relevant product market was determined to be the “after-sales
spare parts, maintenance, and repair services market of Ferrari and
Maserati vehicles”.
The relevant geographic market was determined to be “Turkey”.
Evaluations
Within the Scope of the Communiqué
The Competition Board states that the Communiqué aims to
prevent the restriction of competition between authorized services and
private services. It is additionally stated that one of the main aims of
the Communiqué is to enable private services to be an alternative source
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Article of January 2011