The Turkish Competition Board withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg)

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Tuborg decision (20.06.2019; 19-22/335-152) in which the Board withdrew Tuborg Pazarlama A.Ş.’s (“Tuborg”) individual exemption granted to its agreements containing exclusivity clauses with sellers such as restaurants, bars, hotels and cafes, to supply on-trade beer. The individual exemption which was granted to Tuborg with the Board’s decision of March 18th, 2010 (decision no. 10-24/331-119), has been re-evaluated upon the request of Efes Pazarlama ve Dağıtım A.Ş. (“Efes”). In its analysis, based on the altered market circumstances and the increasing market power of Tuborg, the Board decided to withdraw Tuborg’s individual exemption as per Article 13(1)(a) of the Law No. 4054 on the Protection of Competition

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Authors

  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)
  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)

Quotation

Gönenç Gürkaynak, Eda Duru, The Turkish Competition Board withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg), 20 June 2019, e-Competitions Bulletin June 2019, Art. N° 92301

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