The Turkish Competition Authority rejects an individual exemption application between two online retailers which agreed not to bid for the keywords relevant to their rival’s brand (Modanisa / Sefamerve)

The Turkish Competition Authority Evaluates a Request from Modanisa for an Individual Exemption or Negative Clearance for the Settlement Agreement Regarding Restricting on Branded Keyword Bidding* This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Modanisa/Sefamerve decision [1] (“Decision”) in which the Board determined that the settlement agreement (“Settlement Agreement”), executed between Modanisa Elektronik Mağazacılık ve Ticaret A.Ş. (“Modanisa”) and EST Marjinal Medikal Tanıtım ve İletişim San. ve Tic. Ltd. Şti. (“Sefamerve”) (together, the “Parties”) would not be issued a negative clearance certificate and would not be granted an individual exemption. GENERAL INFORMATION The Parties of the Settlement Agreement are mainly active in the sale of