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No Fines for Tying Arrangements on Cartridges
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Prof. Dr. H. Ercument Erdem
The Competition Board (“Board”), in its decision dated
17.11.2011 and numbered 11-57/1470-527
1
, decided that integrated
circuit implementation in cartridges branded Xerox does not create an
abuse of dominant position as stated in Article 6 of the Act No. 4054
on the Protection of Competition (“Competition Act”) since this sys-
tem does not prevent consumers to buy cartridges from third party car-
tridge producers than Xerox.
Competition Infringement Allegation
During the preliminary investigation, it was alleged that the inte-
grated circuit implementation in the Xerox branded cartridges prevents
interoperability of third party cartridges for printers of this brand.
Integrated Circuit Implementation
The Board, as a result of the examination it conducted, has reached
the following information concerning Xerox branded cartridges from
Xerox Buro Araclari Ticaret ve Servis A.S. (“Xerox”):
• There are implemented circuits in more than 50 toner cartridges
of Xerox for Xerox branded printer models, still being sold in
the market
• The integrated circuit in Xerox branded printers may be used for
different purposes such as (i) to determine whether the said
cartridge pertains to the relevant printer, (ii) the follow-up of the
cartridge life and to inform the consumer accordingly, (iii) to
report the cartridge level in printers which can be remotely
controlled.
172
NEWSLETTER 2012
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Article of February 2012
1
To review the decision, see the following link:
http://www.rekabet.gov.tr/Resources/GerekceliKurulKararlari/karar4468.pdf(accessed on:
18.01.2013).