NERA's Role in Excessive Pricing Case in Turkey

The Situation

NERA Economic Consulting is pleased to have advised Şişecam, Turkey’s leading glass producer, on the competition economics aspects of its successful defence against allegations of excessive pricing, and an investigation by the Turkish Competition Authority (TCA).

Şişecam is one of the largest glass manufacturers in Europe, operating in key flat glass segments (such as architectural, energy, and home appliances) and providing inputs to a range of industries.

In April 2020, the TCA launched an investigation into whether Şişecam had abused a dominant position by charging excessive
prices for its flat glass. The TCA undertook detailed financial and economic analysis and modelling in over a year of investigation.

NERA's Role

NERA supported Şişecam and its external legal advisors at Morgan, Lewis & Bockius LLP and Erdem & Erdem throughout the TCA’s investigation.

Managing Director Grant Saggers and Associate Director Adrien Cervera-Jackson led the NERA team in undertaking financial and
economic analysis of the underlying cost and investment pressures affecting Şişecam’s flat glass business (including during the COVID-19 pandemic) and the competitive constraints on Şişecam’s pricing from rival producers and customers.

NERA’s economic evidence helped explain why the pricing was reasonable and did not meet the test for excessive pricing or an
abuse of dominance.

The Result

In August 2021, following its detailed investigation, the TCA agreed with these findings and concluded that Şişecam had not infringed the abuse of dominance provision of Act No. 4054 on the Protection of Competition (an English translation of the TCA’s announcement is here). The investigation was closed without negative findings or fines. For more details, please find the TCA’s reasoned decision (in Turkish) here.