With its announcement dated 10.01.2024, the Competition Authority imposed an administrative fine of TL 4,796,152.96 per day (on the basis of its gross revenues in 2022) on META Economic Unity commencing from 12.12.2023 until the Final Compliance Remedy is submitted to the Competition Authority.
Reason of Violation: On 11.01.2021, the Competition Authority initiated an ex officio investigation on META. During this investigation, it was found that META companies have been involved in data sharing among themselves since 2016. With this investigation, it was determined that Facebook violated article 6 of the Law No. 4054 by making it difficult for competitors in the online video advertising market and personal social network services by merging data collected from its core services Facebook, Instagram and Whatsapp, and creating barriers to entry in the market. In this context, it was rendered that, META should take necessary measures to end the said violation and ensure effective competition, as well as submit these measures to the Competition Authority, implement the necessary measures within 6 months, and from the start of the initial compliance measures submit reports to the Competition Authority once a year for a period of 5 years.
Extension Request: Upon notification of the said decision to META, the Competition Authority accepted the extension request and granted time to META until 09.12.2023 for the submission of the measures (the deadline for submission of the measures is 11.12.2023).
Conclusion: Although META submitted compliance measures to the Competition Authority within the given period, the Competition Authority rendered a decision that the proposed solutions by META is not sufficient enough. Therefore the Competition Authority imposed an admistrative fine for each day starting from 12.12.2023 until the Final Compliance Remedy is registered within the Competition Authority.
By Ozge Tuncel, Associate Partner, and Esra Agic, Senior Associate, KP Law
