Section 4 of Competition Protection Act 4054 (the “Competition Act”) prohibits any agreement between companies with the purpose or effect of preventing, restricting or distorting competition. The types of agreements mentioned above include vertical agreements. Vertical restrictions such as resale price maintenance (RPM), most advantageous clauses for customers, exclusive transactions, discount schemes, non-competition clauses and reverse non-competition clauses are often a success in the history of competition law enforcement in Turkey. Briefly explain how agreements to establish “selective” distribution systems are evaluated. Should the selection criteria be published? To what extent is a private application possible? Can non-parties to vertically restricted agreements obtain declarable judgments or claims for omission and seek damages? Can the parties make their own claims? What remedial measures are available? How long should a company expect private execution? If the vertical class exemption is to apply, neither the supplier`s market share nor that of the buyer must exceed 30% of the relevant market for the products concerned. The extension of this threshold to the market share of buyers in all cases (see question 17) has significantly reduced the number of vertical agreements that can be protected under the safe port of the category exemption regulation. EU competition law provides for several category exemptions that exclude certain regimes from the Article 101 ban. These category exemptions also apply to agreements that may be covered by the Chapter I ban. This is an area that has been very strongly highlighted by the Commission. Restrictions preventing a buyer from selling contract products from one EU Member State to another may be one of the most serious breaches of Article 101. Such agreements are being scrutinyed by the Commission because they tend to re-establish divisions between national markets that the EU intends to abolish. However, in its May 2017 final report as part of the sectoral survey on e-commerce, the Commission found that more than 11% of retailers reported introducing contractual restrictions on cross-border sales in at least one category of products in which they worked in the EU. Horizontal agreements are agreements between two or more parties operating at the same level of the production, supply and distribution chain, .
B between two suppliers or two retailers. Joint sales agreements, joint sales agreements, specialization agreements, and R and D concluded between competing companies are examples of this. In the 17 years from 1 January 2001 to 1 January 2018, the Commission adopted some 17 decisions concerning violations of vertical restrictions, in accordance with Article 101. This applies only to cases where, under Article 101, paragraph 1, of the EUSF, the Commission prohibits agreements between companies that have the purpose or effect of restricting, preventing or distorting competition within the EU and which affect trade between EU Member States. This prohibition is relevant to all agreements between two or more companies, whether they are competitors. Have decisions or guidelines on vertical restrictions, in any way, dealt with restrictions on the territory in which a buyer who sells on the Internet is allowed to resell contract products? The parties must operate at different levels of the chain only within the meaning of the specific agreement, i.e. the parties can normally be competitors. However, when they act at different levels with respect to the agreement in question (. B for example, a manufacturer that agrees to deliver products made by another producer), it is a vertical agreement.