124 NEWSLETTER 2021 The Aral Oyun Decision In this decision, the Board evaluated allegations concerning price fixing agreements, hub and spoke arrangements and resale price maintenance in the computer and game console market and consumer electronics market. The Board determined that the undertakings active in the computer and game console market complained to the dealer on the grounds that the prices of their competitors were low and they asked the dealer to intervene in increasing the competitors’ prices. Accordingly, the Board evaluated whether the third party whose price was manipulated by the supplier knew that the price increase request came from its competitors on the market or whether it was possible for the third party to have foreseen this situation. Other than one undertaking, the Board stated that this condition was not fulfilled. Based on these facts, the Board decided that there was no indirect communication between the competitor retailers and therefore the communication on the market did not reach a level of a horizontal agreement between competitors. As for the consumer electronics market, the Board determined that the retailers (Teknosa and MS) complained to the supplier (LG) that their competitors’ prices had decreased and they asked the dealer to intervene in the prices. Subsequently, the supplier intervened in the competitors’ prices. Thus, the Board stated that the main purpose of the relevant retailers and the supplier was to determine the prices of supplier products outside of the market and to limit price competition in the consumer electronics market. Accordingly, the Board concluded that this constituted a vertical relationship and therefore the aforementioned acts concerned resale price maintenance. The Board also decided that there was no horizontal agreement as there was no evidence indicating a direct or indirect communication among retailers. Conclusion Hub and spoke cartels have been a subject of many discussions recently, as they represent a type of competition law violation which is not explicitly defined by legislation and which is not commonly evaluated in the Board’s decisions. The elements set forth by the Brit-
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