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ARTICLE · 12 APRIL 2019

Restriction By Object vs. Effect Analysis In Vertical RPM Cases: Turkish Competition Board Decided To Impose Monetary Fine Against Sony

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
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Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

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The main reason behind this approach is the understanding suggesting price competition as the main element enhancing economic efficiency.

TurkeyAntitrust/Competition Law

On April 8th, 2019 (Monday), Turkish Competition Board's (the "Board") reasoned decision (22.11.2018; 18-44/703-345) on the investigation launched against Sony Eurasia Pazarlama A.Ş. ("Sony") in order to determine whether Sony infringed Article 4 of Law No. 4054 on Protection of Competition ("Law No. 4054") by way of interfering in resale prices for its products to be sold by its resellers. In this respect, the Board decided by majority of the votes to impose monetary fine against Sony on the ground that it had restricted intra-brand competition under Article 4 of Law No. 4054 by determining resale prices of its resellers for their online sales.

After the Board's Henkel decision (19.09.2018; 18-33/556-274) in which the Board considered resale price maintenance ("RPM") without examining the effects of Henkel's pricing behaviours in the relevant markets, the Board once again concluded that Sony restricted intra-brand competition by object and thus, violated Article

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