Finally, the establishment of Enerji Piyasaları İşletme Anonim Şirketi
(the Energy Market Operation Company) (“EPİAŞ”) to operate in the
organized electricity wholesale market was targeted, and it was estab-
lished on 12.03.2015. The establishment of EPİAŞ is considered as a
substantial element to realize a functioning and transparent market.
Developments in Retail Sale Market during the Liberalization
Process
The Report states that the most significant step regarding the lib-
eralization and marketization of the retail market is undoubtedly the
privatization of electricity distribution companies between January
2009 and July 2013, which was previously held by TEDAŞ, and, there-
fore, the operation of the distribution and retail sale activities of elec-
tricity by the private sector. The acquisition of all of the electricity dis-
tribution companies by the private sector was completed between 2009
and 2013.
Another important step for liberalization of the electricity market
is the gradual decrease of the free consumer limit. In accordance with
the graphics on the evolution of the theoretic and actual proportions of
the openness of the market (the proportion showing the marketization
level which is calculated by the division of the free consumer con-
sumptions with the total amount of consumption) concerning the peri-
od between December, 2011, and January, 2014, as presented by the
Report, the actual level of liberalization is far behind the theoretical
level of liberalization, and the decrease of the free consumer limit does
not assure the actual benefit by consumers from the right of the free
consumer and competition in the retail sales market.
With the liberalization of the Turkish electricity market, con-
sumers may choose among the distribution companies and prefer to
conclude contracts with a company that provides the best service.
However, a chart presented by the Report demonstrates that between
the period of July, 2013, and April, 2014, the consumers exercising the
right of the free consumer purchases services from official distribution
companies, and do not conclude agreements with other distribution
companies, although the distribution and retail sales are to be operated
by the separate legal entities. The market share of the independent dis-
COMPETITION LAW
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