Record Fine By The Competition Board Against Essi̇lorluxotti̇ca

The investigation conducted by the Competition Board against EssilorLuxottica S.A. was concluded. The Competition Board decided to impose an administrative fine of TRY 492 million 191 thousand on EssilorLuxottica S.A. on the grounds that it acted contrary to the commitments made binding by its decision taken on October 1, 2018.

The Competition Board completed the investigation on the grounds that EssilorLuxottica S.A.’s behavior in the optics market, which is difficult and exclusionary to the activities of its competitors, violates the relevant articles of the Law on the Protection of Competition.

The Board also decided that EssilorLuxottica S.A.’s contracts offering ophthalmic lenses and ophthalmic machines together and its other actions in the market constitute de facto exclusivity and exclude competitors, and that these actions violate Article 6 of Law No. 4054. In this context, the Board decided that an administrative fine should be imposed on EssilorLuxottica S.A. pursuant to Article 16 of Law No. 4054.

A FINE OF APPROXIMATELY 500 MILLION TRL

As a result of the discussion of the file, the Competition Board decided to impose an administrative fine of 492 million 191 thousand 132 liras on EssilorLuxottica S.A. on the grounds that it acted contrary to the commitments made binding by the Board’s decision dated October 1, 2018.

On the other hand, since the company was imposed an administrative fine on the grounds that it acted contrary to the commitments made binding by the decision dated October 1, 2018, it was decided that there was no room for imposing a new administrative fine within the framework of the general principle of law “ne bis in idem” (no two trials for the same act).

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