As is known, the Unfair Price Evaluation Board Regulation (“Regulation”) published in the Official Gazette dated 28 May 2020 and numbered 31138 came into force. Afterwards, an amendment was made with the Regulation Amending the Unfair Price Evaluation Board Regulation published in the Official Gazette dated February 5, 2021. In this article, we will examine the first things to know about the application and procedure.
The Board, was established during the pandemic, and are still-continuing, will only operate during periods of emergency, disaster and economic fluctuations and other emergencies, in order to make arrangements for exorbitant price increases and stockpiling practices, to impose administrative fines and to take all kinds of measures by making inspections and inspections when necessary.manufacturers, suppliers and retail businesses as it is specified in related regulation. The primary aims of the regulation are to prevent exorbitant price increases and stockpiling. In this context, these two definitions are given in the regulation as follows: “Extraordinary Price Increase / Unfair Prices” is the goods offered for sale by manufacturers, suppliers and retail businesses in emergencies such as emergency, disaster, and which are mandatory to meet the basic needs of the public such as nutrition, healthy living and protection, as an excessive and unfair increase in the price of goods and services without a justified reason such as an increase in input and other production costs, "Stockpiling" is defined as "Stockism", which creates tightness in the market, disrupts the market balance and free competition of manufacturers, suppliers and retail businesses in emergencies such as an emergency or disaster and activities that prevent the consumer from reaching the goods.
About the procedures regarding the application, the board has the authority to act ex officio regarding the application and examination. As our subject of investigation, as the second method, which is the main method, it will also be able to initiate action upon complaint. Complaint applications to the Board are made by petition to the Ministry of Commerce or the provincial directorate, through the complaint system or by using other electronic application methods. Applications should include contact information, introductory information about the manufacturer, supplier or retail business that is the subject of the complaint, information on the goods or services and, if any, documents, photographs and video footage. However, if it is determined that before the complaint application or before the Board decision is taken, it is determined that a judicial remedy has been taken on the subject, the complaint application is removed from the process and the applicant is notified together with the reason for this situation. During the inspection, the Ministry of Commerce has the authority to conduct inspections and request information and documents in the undertakings subject to the complaint. The Board cannot impose administrative fines without getting a defense from the enterprises, and therefore, it gives the enterprises the right to make a defense of not less than ten days, starting from the day of the inspection, and this period can be extended by the Board for a maximum of ten days, for once only. According to the new changes made in the regulation, the Board, between 10 thousand TL and 100 thousand TL for those who increase the prive extraordinarly; Those who are found to be Stokpiling will be fined between 100 thousand TL and 2 million TL. In determining the amount, the type and size of the enterprise, the sector of activity, the exorbitant price increase and the benefits obtained from stockpiling and the administrative fines previously imposed on the same subject are the criteria that are taken into consideration.
In the light of all this information, you can make a complaint through the procedures specified for products and businesses that you think are carrying out exorbitant price increases or stockpiling activities. You can always contact us if you would like to get more information about the subject and to have a proper application conducted on behalf of you.
Ünal § Partners Legal Team
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