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ARTICLE · 04 MARCH 2022

Competition Board's Decision On The Prohibition Of Sales Through E-Commerce Platforms

Kolcuoğlu Demirkan Koçaklı Attorneys at Law
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
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Kolcuoğlu Demirkan Koçaklı Attorneys at Law

Kolcuoğlu Demirkan Koçaklı Attorneys at Law

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The Board also assessed whether the relevant restriction could benefit from an individual exemption and concluded that it does not meet the conditions for such exemption.

TurkeyAntitrust/Competition Law

In parallel with changing consumer habits of the widespread use of the Internet, the restriction  of sales made through online marketplaces (e-commerce platforms) has become an issue that  frequently comes to the fore. Recently, the Competition Board (the "Board") ruled that BSH Ev  Aletleri Sanayi ve Ticaret A.S.'s (BSH) restriction on authorized dealers to sell BSH products through e-commerce platforms constitutes a violation of Article 4 of Law No. 4054 on the  Protection of Competition (the "Competition Law") and that an individual exemption cannot be  granted. The relevant decision is the first to reveal the Board's approach on restriction of sales  through e-commerce platforms and it clarifies whether provisions that prohibit authorized dealers  from making sales through e-commerce platforms are in compliance with the Competition Law.

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