Vertical agreements—Turkey—Q&A guide

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Vertical agreements—Turkey—Q&A guide
  • 1. What are the legal sources that set out the antitrust law applicable to vertical restraints?
  • 2. List and describe the types of vertical restraints that are subject to antitrust law. Is the concept of vertical restraint defined in the antitrust law?
  • 3. Is the only objective pursued by the law on vertical restraints economic, or does it also seek to promote or protect other interests?
  • 4. Which authority is responsible for enforcing prohibitions on anticompetitive vertical restraints? Where there are multiple responsible authorities, how are cases allocated? Do governments or ministers have a role?
  • 5. What is the test for determining whether a vertical restraint will be subject to antitrust law in your jurisdiction? Has the law in your jurisdiction regarding vertical restraints been applied extraterritorially? Has it been applied in a pure internet context and if so, what factors were deemed relevant when considering jurisdiction?
  • 6. To what extent does antitrust law apply to vertical restraints in agreements concluded by public entities?
  • 7. Do particular laws or regulations apply to the assessment of vertical restraints in specific sectors of industry (motor cars, insurance, etc)? Please identify the rules and the sectors they cover.
  • 8. Are there any general exceptions from antitrust law for certain types of agreement containing vertical restraints? If so, please describe.
  • 9. Is there a definition of ‘agreement’ – or its equivalent – in the antitrust law of your jurisdiction?
  • More...

Vertical agreements—Turkey—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to vertical agreements in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: ELIG Gurkaynak Attorneys-at-Law—Gönenç Gürkaynak; O. Onur Özgümüş

1. What are the legal sources that set out the antitrust law applicable to vertical restraints?

The main legislation regulating the vertical restraints is Law No. 4054 on the Protection of Competition in conjunction with the vertical block exemption communique (Communique No. 2002/2) and the Guidelines on Vertical Agreements (the Guidelines).

2. List and describe the types of vertical restraints that are subject to antitrust law. Is the concept of vertical restraint defined in the antitrust law?

The concept of vertical restraint is not explicitly defined in Law No. 4054. Communique No. 2002/2 and the Guidelines define a non-exhaustive list of vertical restraints that may raise antitrust concerns, namely:

  1. resale price maintenance;

  2. region and customer restrictions;

  3. selective distribution systems;

  4. non-compete obligations;

  5. exclusive supply obligation; and

  6. single branding conditions.

3. Is the only objective pursued by the law on vertical restraints economic, or does it also seek to promote or protect other interests?

The objective of the relevant legislation solely concerns the protection of the competition.

4. Which authority is responsible for enforcing prohibitions on anticompetitive vertical restraints? Where there are multiple responsible authorities, how are cases allocated? Do governments or ministers

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