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ARTICLE · 09 NOVEMBER 2023

Two-minute Recap Of Recent Developments In Turkish Competition Law - October 2023

Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
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On 4 October 2023, the Turkish Competition Authority published its reasoned decision on 15 undertakings active as suppliers/manufacturers in the fast-moving consumer goods sector.

TurkeyAntitrust/Competition Law
Bulut Girgin
Bulut Girgin
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Hub & spoke and resale price maintenance – two separate offences?

On 4 October 2023, the Turkish Competition Authority published its reasoned decision on 15 undertakings active as suppliers/manufacturers in the fast-moving consumer goods sector.1 The case concerned whether these retailers were engaged in resale price maintenance and/or acted as a "hub" for retailers to communicate future prices. As the Turkish Competition Board already fined the retailers in a previous decision,2 which was the predecessor of this decision, the retailers walked away without any additional fines.

A noteworthy point is that the Board insisted on viewing RPM and being a "hub" in hub & spoke agreements as two separate offences and rejected the defence that one fine should be imposed on the undertakings for acting as a hub and engaging in RPM.

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