Revisiting Individual Exemption Under Turkish Competition Law: The Şişecam Decision

I. Introduction

The Turkish Competition Authority (“TCA”) published the reasoned decision of the Turkish Competition Board (“Board”) concerning Şişecam dated December 4, 2025 and numbered 25-45/1129-633 (“Decision”), in which the Board evaluated the request for negative clearance or exemption regarding the authorized dealership agreement (“Agreement”) to be executed between Türkiye Şişe ve Cam Fabrikaları AŞ (“Şişecam”) and its nineteen authorized dealers for the distribution of flat glass products.

The Board determined that Şişecam operates actively in almost all sub-product groups in the market, such as basic/architectural glass (flat glass, patterned glass, mirror, laminated glass, coated glass, glass for architectural projects), automotive and other transport vehicle glass, solar glass, and home appliances glass. Pursuant to the Agreement, the nineteen dealers of Şişecam will be authorized to sell the flat glass produced by Şişecam to the wholesalers, retailers and glass