189 / 516
European Commission (“Commission”) and made the dominant posi-
tion evaluation in accordance with the following criteria; the price and
life of the product in the primary market, the transparency of the prices
in the secondary market, the balance between the products’ price and
the principal product’s price in this market and the level of the costs in
the process of obtaining all this information
4
.
The Board, as a result of the examination it has conducted, deter-
mined that the low price difference between the Xerox branded print-
er and cartridge and the total cost of the toner cartridge proportionally
outweighs the cost of the printer. Furthermore, the Board also stated
that the cartridges’ prices are accessible and that the passage costs
between printers are not high. In the light of the foregoing, the Board
determined that it is possible to switch between different printers.
In conclusion, the Board set forth that the above-stated determina-
tions depict that Xerox cannot increase its prices in the secondary mar-
ket independently from the primary market and concluded that Xerox
is not in a dominant position in the relevant market.
Primary (Printer) Market.
The Board, in order to determine
whether Xerox is in dominant position or not, examined the breakdown
of the market shares held by competitor parties operating in the prima-
ry market and determined that 3-4 undertakings have higher market
shares than Xerox in the relevant market
5
.
Decision
The Board examined both the printer market corresponding to the
primary market and the ink/toner cartridges market (used in Xerox
branded printers) corresponding to the secondary market.
As a result of the examination, the Board determined that, despite
the integrated circuit implementation, cartridges may also be obtained
COMPETITION LAW
175
4
See § 85 – 86 of the Commission Report. These criteria are also stated in the decision dated
15.08.2008 and numbered 08-33/417-143 of the Board on printers branded Xerox. To consult
the decision, see the following link:
http://www.rekabet.gov.tr/Resources/GerekceliKurulKararlari/karar2433.pdf (accessed on: 18.01.2013).
5
The Board has already determined that Xerox was in dominant position in the primary (printer)
market in its decision dated 15.08.2008 and numbered 08-33/417-143. For detailed information,
see fn. 4.