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ARTICLE · 09 MAY 2016

Turkish Competition Board Signals Shift Toward Effects-Based Analysis For Resale Price Maintenance

Moroglu Arseven
Moroglu Arseven
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Traditionally, Turkey has considered resale price maintenance to be one of the hardcore vertical restraints.

TurkeyAntitrust/Competition Law
Moroğlu Arseven
Moroğlu Arseven
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Traditionally, Turkey has considered resale price maintenance ("RPM") to be one of the hardcore vertical restraints. The Turkish Competition Board (the "Board") has a track record of imposing significant administrative monetary fines for violations RPM in vertical relationships. However, recent years have witnessed a shifting approach, with the Board treating RPM more leniently. The Board has begun indicating that an individual exemption analysis could be conducted, rather than necessarily reaching the conclusion that a legislative violation exists.

RPM is addressed under Turkish law by Article 4 of Law No. 4054 on Protection of Competition ("Law No. 4054"), akin to Article 101 of the TFEU. A number of Board decisions illustrate the Board's traditional approach to RPM. The most recent examples are from 2012 and 2013, where the board imposed administrative monetary fines of around EUR 350.000 and EUR 175.000 respectively on separate undertakings operating in the

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