In the event that it is confirmed that the parties operate at different levels of trade for the purposes of an agreement and that the agreement has an `impact on trade`, the procedure for assessing the vertical agreement under Article 101 of the Treaty on the Functioning of the European Union is broadly as follows: Article 4 of Law No 4054 on the protection of competition (`the Law on competition`) prohibits all agreements between undertakings, which aim or may have an impediment, restriction or distortion of competition. Of the above types of chords, vertical chords are the most frequently tested. Vertical restraints, such as resale price maintenance (RPM), most-favoured-nation clauses, exclusive trade agreements, rebate regimes, non-competition clauses and reverse non-competition clauses, often have results in the application of Turkish law. Even in cases where a block exemption does not apply, a vertical agreement may nevertheless be the case for an individual exemption. The parties are entitled to carry out a self-assessment in order to verify whether the restrictive vertical agreement fulfils the conditions for an individual exemption. Like the Community competition regime, the conditions for individual exemption are as follows: (i) the agreement must contribute to the improvement of the production or distribution of goods or to the promotion of technical or economic progress; (ii) it must enable consumers to participate adequately in the benefit derived therefrom; (iii) it should not impose restrictions on the undertakings concerned: which are not indispensable for the achievement of those objectives and (iv) it should not impose on the parties restrictions which are not indispensable for the achievement of those objectives. the possibility of eliminating competition in a substantial part of the products concerned. This is not an alternative test and all the conditions for individual exemption must be met. Contracting parties may include contractual restrictions or obligations in vertical agreements in order to protect an investment or simply to ensure day-to-day business (e.g. B distribution, delivery or purchase agreements).
This glossary corresponds to the list of keywords used by the concurrences search engine. Each keyword is automatically updated by the latest EU and national jurisdictions of the e-Competitions Bulletin and Competitions Review. Definitions are taken from DG COMP`s glossary on terms used in EU competition policy (© the European Union, 2002) and the OECD Glossary on Economics and Competition Law of the Industry Organisation (© OECD, 1993). .
