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ARTICLE · 02 OCTOBER 2023

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Resale Price Maintenance: Turkish Competition Authority's Evolving Approach And Possible Consequences

ICR Economic Research
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The treatment of resale price maintenance (RPM) cases by competition authorities is becoming stricter.

TurkeyAntitrust/Competition Law
Ali Ilicak
Ali Ilicak

The treatment of resale price maintenance (RPM) cases by competition authorities is becoming stricter. The Turkish Competition Authority considers RPM to be an infringement by object and thus does not analyse its effect. The recent Super Bock decision by the CJEU may potentially bring about a change in this approach.

What is Resale Price Maintenance (RPM)?

Resale price maintenance ("RPM") is a supplier behaviour that is considered as a "serious infringement" under Competition Law. It can be summarized as a supplier, which is the provider of a good or service, interfering with the price at which its resellers will sell. For example, an automobile importer telling the authorised dealers in its distribution network, "Comply with our recommended turnkey list prices; those who insist on not complying will have their profit margins cut", or a pulses company monitoring the prices on the shelves of supermarkets and saying, "You are selling so low that other supermarkets

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