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The Competition Board Decided That There Is No Abuse
Dominant Position in the Ice-Cream-Market*
Prof. Dr. H. Ercument Erdem
The Competition Board (“Board”), in its decision dated
28.08.2012 and numbered 12-42/1257-4091, decided that Unilever
Sanayi ve Ticaret Türk A.Ş. (“Unilever”) does not abuse its dominant
position by refusing to sell ice cream branded “Algida” at certain
points of sale and thus, deemed it unnecessary to open an investigation.
Undertaking Subject to Preliminary Inquiry
Unilever is a company active in the fast moving Turkish consumer
goods market since 1953 and operates in the industrial ice cream mar-
ket since 1990 under the brand name “Algida”. The sub-brands of
Algida are “Cornetto”, “Magnum”, “Max” and “Carte d’Or”.
Behavior Subject to Preliminary Inquiry
The applicant alleged that Unilever abuses its dominant position
by refusing to sell him the ice cream branded Algida despite cash pay-
ment.
Legal Framework of the Preliminary Inquiry
Article 6 of the Act No. 4054 on the Protection of Competition
(“Competition Act”) prohibits the abuse, by one or more undertakings,
of their dominant position in a market for goods or services within the
whole or a part of the country on their own or through agreements with
other or through concerted practice.
The Competition Act also enumerates a non-exhaustive list of
behaviors which constitute an abuse of dominant position. Even
178 NEWSLETTER 2012
* Article of November 2012
1 To consult the Board decision, see the following link:
(accessed on:
18.01.2013).