The Turkish Competition Board confirms that the geographical scope of an ancillary restraint should be limited to the “area of operation of the seller before the transaction and its natural sales hinterland" (Cementeire Aldo Barbetti / Çimko)

In Turkey, non-compete obligations may be evaluated under the scope of “agreements that restrict competition” or “abusive conducts of dominant undertakings” (Article 4 and 6 of Law No. 4054 on Protection of Competition (“Law No. 4054”), akin to Article 101 and 102 of TFEU, respectively). However, non-compete obligations in mergers and acquisitions [1] may benefit from the “ancillary restraints” regime. The Turkish Competition Board (“Board”), along with the other competition law authorities, allows certain non-compete obligations to be imposed on the sellers in in merger and acquisitions to the extent they are (i) directly related to and (ii) necessary for the implementation of the concentration. This article investigates the geographical scope of non-compete obligations under the “ancillary

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Gönenç Gürkaynak, Ceren Özkanlı Samlı, The Turkish Competition Board confirms that the geographical scope of an ancillary restraint should be limited to the “area of operation of the seller before the transaction and its natural sales hinterland" (Cementeire Aldo Barbetti / Çimko), 3 May 2007, e-Competitions Bulletin May 2007, Art. N° 82154

Visites 140

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues