Does The Turkish Competition Authority Look For A Higher Standard For Granting Individual Exemption?

The Turkish Competition Authority (TCA) recently published an interesting decision, which indicates higher standards for granting individual exemption at first glance. In its Trakya Cam Sanayi A.Ş. (TRAKYA CAM) decision,¹ the TCA denied granting exemption to a dealership agreement, which contains a non-compete clause. Yet it had done with an earlier decision in 2017 for the same agreement². In this short article, after providing some background information and summarizing the assessments of the TCA, we address possible implications of this new perspective in the business environment.

Some background information

TARAKYA CAM is one of the two flat glass manufacturers in Turkey³. It is the fifth-biggest producer in the world, and it has the highest production capacity in Europe. In the Turkish market – considering the TCA's earlier decisions – it has a dominant position in the flat glass market with a significant market share.