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ARTICLE · 09 OCTOBER 2024

Two-minute Recap Of Turkish Competition Law Developments

Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
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The Competition Board ("Board") initiated an investigation against Nestle for alleged resale price maintenance and active/passive sales restrictions. Nestle was willing to submit a commitment...

TurkeyAntitrust/Competition Law
Bulut Girgin
Bulut Girgin
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Board rejects Nestle's half-hearted commitment

The Competition Board ("Board") initiated an investigation against Nestle for alleged resale price maintenance and active/passive sales restrictions. Nestle was willing to submit a commitment for active/passive sales restrictions but stated that it would not settle for the resale price maintenance allegations.

The Board stated that partially concluding the active/passive sales restrictions limb, while the investigation on resale price maintenance is ongoing, would not yield any procedural benefits by also considering Nestle's market position. It thereby refused Nestle's commitments. Usually, the Board rejects commitments due to procedural inapplicability (i.e., the legislation does not allow undertakings to submit commitments for severe and hardcore violations i.e., cartels and resale price maintenance). This is a rare occasion where the alleged offence was eligible for a commitment application but got ultimately

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