Turkey fines major retailer OPET 131 TL mln

Turkey’s Competition Authority has imposed an administrative fine of TL 131 million ($3.2 million) on the OPET gas station chain for abusing its dealership contracts in a way that restricted market access and limited the freedom of fuel station operators.

The watchdog’s investigation concluded that OPET had established tenancy rights in its favor for properties where its dealers operated, effectively limiting the dealers’ ability to switch to competing fuel distributors. This arrangement, made while the agreements were still in force, was deemed to indirectly extend the duration of dealership contracts, violating Turkey’s Law No. 4054 on the Protection of Competition.

In its ruling the Competition Authority emphasized that OPET’s actions disrupted the market’s competitive balance, restricted dealers’ freedom of choice and undermined diversity in the fuel distribution sector.

The company opted to benefit from a settlement procedure during the probe, which accelerated the process and led to the finalization of the penalty, according to Dünya. The authority clarified that the amount of the fine was determined based on this settlement.

The decision is seen as a precedent-setting case for the fuel distribution industry in Turkey, particularly regarding the legality of long-term dealership agreements and exclusivity clauses. The watchdog signaled that closer scrutiny of similar practices would continue in the sector.

OPET, a joint venture between Koç Holding and the Öztürk Group, was founded in 1992 by Fikret and Nurten Öztürk. Koç Holding acquired a 50 percent stake in the company in 2002.

In a previous high-profile case OPET was among four major fuel distributors fined a combined TL 1.5 billion in 2020 for resale price maintenance, which is an illegal practice under Turkish competition law. OPET’s individual share of the fine was approximately TL 434 million (roughly $68 million at the time), with the Competition Authority concluding that the company had restricted dealers’ pricing autonomy through vertical agreements.

Full article Turkey hits gas station chain OPET with TL 131 mln fine for contract abuse - Turkish Minute