Meta Platforms, Inc. (Formerly Facebook Inc.), Meta Ireland Limited (Formerly Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Sti. The investigation was concluded.
As a result of the investigation focused on anti-competitive practices, which has been on the agenda for a long time Meta (parent company of Facebook, Instagram and WhatsApp) to the side in full in Turkey An administrative fine of 346,717.193,40 TL was issued. In this respect Competition Authority He officially stated: “Meta Platforms, Inc. (Formerly Facebook Inc.), Meta Platforms Ireland Limited (Formerly Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti.’s Law No. 4054 on the Protection of Competition. The investigation into the alleged violation of Article 6 has been completed.
As a result of the discussion of the file by the Competition Board on 20.10.2022; By combining the data collected by FACEBOOK from Facebook, Instagram and WhatsApp services, which are called core services, it creates a barrier to entry and complicates the activities of its competitors operating in the online display advertising markets with personal purpose social networking services. lead to the deterioration of competition and It was decided to impose an administrative fine on the said undertaking, as it violated Article 6 of the Law No. 4054.
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Explanation text of the decision dated 20.10.2022 and numbered 22-48/706-299, the justification of which will be communicated later, with judicial remedy open in Ankara Administrative Courts, is as follows:
“According to the Report and Additional Opinion prepared within the scope of the investigation carried out pursuant to the decision of the Competition Board dated 11.01.2021 and numbered 21-02/25-M, the evidence collected, the written defenses, the statements made at the oral defense meeting and the scope of the file examined,
a) Madoka Turkey Bilişim Hizmetleri Ltd. Şti. has no role in the presentation of the activities under investigation and therefore cannot have any responsibility for the allegations evaluated within the framework of the investigation, which is the subject of the file,
b) Meta Platforms, Inc. (formerly Facebook Inc.), Meta Platforms Ireland Limited (former Facebook Ireland Limited) and the economic integrity of FACEBOOK, consisting of WhatsApp LLC; UNANIMOUSLY dominates the personal-purpose social networking services, consumer communication services and online display advertising markets,
c) By combining the data collected by FACEBOOK from Facebook, Instagram and WhatsApp services, which are called basic services, it causes the deterioration of competition by making the activities of its competitors operating in online display advertising markets with personal social networking services difficult and creating barriers to entry to the market, and that the Law No. 4054 UNANIMOUSLY violates Article 6,
d) For this reason, subparagraph (b) of the first paragraph of Article 5 of the Law No. 4054, the third paragraph of Article 16 of the Law No. 4054 and the “Regulation on Anti-Competitive Agreements, Concerted Actions and Decisions, and Fines to be Given in Case of Abuse of Dominant Position”, In accordance with the provisions of the second paragraph and subparagraph (b) of the third paragraph, Meta Platforms, Inc., on the basis of the annual gross revenues determined by the Board and formed at the end of the 2021 fiscal year. (former title Facebook Inc.), Meta Platforms Ireland Limited (former title Facebook Ireland Limited), WhatsApp LLC to impose an administrative fine of 346,717.193,40 TL severally, with the different justification of Board Member Hasan Hüseyin ÜNLÜ and UNANIMOUSLY,
e) FACEBOOK;
a. Submitting the necessary measures to the Authority, within 1 (one) month at the latest, following the notification of the reasoned decision, in order to end the violation specified in subparagraph (c) and to ensure effective competition in the market,
b. Fulfilling the necessary measures within 6 (six) months from the notification of the reasoned decision,
c. Within 60 days from the notification of the reasoned decision with the votes of Vice Chairman Ahmet ALGAN and Board Member Ayşe ERGEZEN, Ankara Administration Decisions have been made in the courts, with the possibility of judicial recourse.”