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ARTICLE · 27 MARCH 2015

Ancillary Status Of Non-Compete Obligations In The Cement Sector: Issues Of Geographic Scope

ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
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ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The...

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In Turkey, non-complete obligations may be evaluated under the scope of "agreements that restrict competition" or "abusive conducts of dominant undertakings".

TurkeyAntitrust/Competition Law
Gönenç Gürkaynak
Gönenç Gürkaynak
Ceren Özkanlı
Ceren Özkanlı
Su Şimşek
Su Şimşek
Gamze Ceren Seymenoğlu
Gamze Ceren Seymenoğlu
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In Turkey, non-compete obligations may be evaluated under the scope of "agreements that restrict competition" or "abusive conducts of dominant undertakings" (Article 4 and 6 of Law No. 4054 on Protection of Competition ("Law No. 4054"), akin to Article 101 and 102 of TFEU, respectively). However, non-compete obligations in mergers and acquisitions1 may benefit from the "ancillary restraints" regime. The Turkish Competition Board ("Board"), along with the other competition law authorities, allows certain non-compete obligations to be imposed on the sellers in in merger and acquisitions to the extent they are (i) directly related to and (ii) necessary for the implementation of the concentration.

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