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Given that Algida branded ice cream is sold all around Turkey, the
Board determined the relevant geographic market to be all of Turkey.
Dominant Position Analysis
The dominant position analysis of the Board was based on one of
its previous decisions from 2008 where it concluded that Unilever
enjoys a dominant position, given its share of more than 40 % of the
industrial ice cream market through its ice cream branded Algida4.
The Board concluded that no important development has occurred
since its 2008 decision and that Unilever is still in a dominant position
in the industrial ice cream market.
Abuse of Dominant Position Analysis
The Board pointed out that refusal to sell products may be consid-
ered an abuse of dominant position within the scope of Article 6 of the
Competition Act provided the three cumulative conditions explained
above are fulfilled.
In light of the foregoing, the Board examined the first condition,
the existence of an essential facility, and reached the conclusion that
the ice cream branded Algida does not constitute an essential facility
since there are several national and local industrial ice cream produc-
ers active in the relevant market creating an alternative for customers.
The Board, considering that the three conditions stated above
should be cumulatively fulfilled, decided that Unilever’s refusal to sell
ice cream branded Algida to certain points of sale did not constitute an
abuse of dominant position.
Evaluation of the Board Decision
This Board decision is a relatively important decision since it
determines the conditions under which the refusal to sell by an under-
taking in dominant position constitutes an abuse of dominant position
under Article 6 of the Competition Act.
COMPETITION LAW 181
4 Board decision dated 15.05.2008 and numbered 08-33/421-147,
(accessed on
18.01.2013).