Newsletter-21

138 NEWSLETTER 2016 respect to competition concerning the distributor companies’ various actions. In these decisions, however, the Board did not make infringe- ment determinations. 2 According to these decisions, the distributor companies face competition law issues while carrying out their daily activities in their regions. The Board’s approach “to determine some actions that may be regarded as infringements, but not opening inves- tigations,” is highly criticized. The Dynamics of the ELDER Decision The ELDER decision 3 of 2015 is significant for the reason that it explicitly addresses all of the problems in the electricity and distribu- tion sector. From this decision, the electricity suppliers have started to develop new methods against the distributor company’s market power in their regions. The supplier companies are positioned as the strong- est electricity sellers in their region, since they hold the information with regard to the customers, and their usage habits within their re- gions. Accordingly, the independent electricity suppliers seek various cooperation methods against these supplier companies’ power. Yaren Elektrik, an independent electricity supplier company, and Head Office of the Mail and Telegram Organization (“PTT”), a postal service provider, have decided to issue a cooperative with regard to electricity sale activities. Therefore, they have targeted, particularly, to reach the small producers in the retail sale market. Accordingly, they have tried to provide the opportunity to consumers to conclude electricity agreements within the PTT branches. In that sense, the aim is for the customers to be offered discounted electricity prices and provider-switching opportunities in the PTT branches, to which mil- lions of people visit on a daily basis. The attempt was significant for the reason that the consumers, who purchase from the electricity suppliers that are connected to the 2 Please see Competition Board’s AESAŞ decision dated 22.10.2014 and numbered 14-42/761-337, Boğaziçi Elektrik decision dated 22.10.2014 and numberd 14- 42/762-338, Gediz-Aydem decision dated 03.12.2014 and numbered 14-47/860- 390. 3 Please see Competition Board’s decision dated 15.01.2015 and numbered 15- 03/33-18.