Turkish Competition Authority fines online second-hand book sales platform for abusing its dominant position

April 2022 – The Turkish Competition Authority has been closely monitoring digital platforms for some time. On April 12, 2022, the Competition Council unanimously decided that the online book sales platform Nadirkitap has a dominant position in the market for second-hand book sales platform services in Turkey and that Nadirkitap abused its dominant position by unjustifiably preventing access and portability of book data uploaded to its website by third-party sellers. Consequently, the Council fined the company 346,765 TRL (about 23,755 USD / 21,846 EUR) based on its turnover.

In order to ensure effective competition in the relevant market, the Council also ordered Nadirkitap to stop blocking access to data and to provide sellers with their data in an accurate, clear, secure, complete, free and suitable format. , if the sellers request it. In other words, companies that sell books on the Nadirkitap site will now be able to transfer their data to other platforms.

Although the Commission’s reasoned decision has not yet been published, it should be noted that the Commission has narrowly defined the relevant product market, comprising only online sales of second-hand books. Another notable point is that the Commission took a relatively strict approach and did not take any mitigating factors into account when calculating the financial fine.

The Competition Council’s Nadirkitap decision sheds light on how competition law rules relating to the digital platform market will evolve in the near future. The decision, as well as the Council’s decision on the interim measures Trendyol[1] (see here for our overview), also gives an idea of ​​how the upcoming new Digital Markets Act will address platforms with considerable market power.