Novelties Brought By The Draft Guideline On Vertical Agreements Open To Public Consultation

Turkish Competition Authority ("the Authority") has reviewed the Guideline on Vertical Agreements (" the Existing Guideline") considering the developments in the legislation of European Union as well as the requirements in related sector and announced the "Draft Guideline on Vertical Agreements" ("the Draft Guideline") where some explanations in the Guideline has been changed and some new explanations have been added, with the aim at obtaining public consultation.

The Draft Guideline includes mainly some amendments in and additions to ''Agency Agreements'', ''Internet Sales'' as well as ''Most Favored Customer Clause''.

1. Agency Agreements

The Existing Guideline indicates that non-competition clauses in the agency agreement could have effect to restrict the competition in the market and fall under the scope of Article 4 of Law on the Protection of Competition No. 4054 ("the Law") , if they could foreclose the market. As understood, this explanation in