Turkey: Resale Price Maintenance

Last Updated: 23 April 2019

Turkish competition laws consider RPM to have the unintended effect of reducing, or even eliminating, intra-brand competition. It can also facilitate horizontal price-fixing cartels since the increased transparency of prices make price cuts at the retail level easier to detect. The reduction of intra-brand competition may also reduce intra-brand competition as it leads to less downward pressure on the price for particular goods.

Resellers are usually independent entities that engage in commercial activities on their own behalf and for their own account as independent legal and economic entities, by assuming all commercial risks, expenses and benefits related thereto. Therefore, resellers have to be left at liberty to determine the conditions under which they may resell the contract goods, unless they do not bear any financial or commercial risks concerning the operation.

Controlling resellers’ resale prices does not always amount to a violation. Turkish competition laws do not object to recommending resale prices or setting maximum resale prices, to the extent they do not turn into fixed or minimum resale prices. Setting minimum resale prices are prohibited.

Resale Price Maintenance (“RPM”) under Turkish Competition Law

Dictating or influencing resale prices may fall under Article 4 of the Competition Law, which prohibits price-fixing agreements. Indications in practice suggest that the RPM prohibition is not a per se violation. As a result, the Turkish Competition Board (the “Board”) is increasingly disinclined to find a violation without going into the analysis of whether the actions of the supplier have pro-competitive effects.

Communiqué No. 2002/2 exempts certain vertical conduct, such as setting a maximum resale price or recommending it. However, conduct that negates the freedom of the purchaser to set its own prices or impose minimum resale prices does not benefit from the exemption and is therefore prohibited. The block exemption does not apply to vertical agreements of undertakings possessing more than 40 percent share in the relevant market for contract goods or services.

The foregoing prohibitions also apply to cases where the maintenance of resale prices is accomplished through indirect methods. Conduct such as discriminatory prices towards the buyer for refusals to comply with the supplier’s demands, the awarding of discounts based on compliance, late deliveries to the relevant buyer to punish non-compliance, or the discontinuation or suspension of the relevant buyer for the same purpose constitute examples of attempts to maintain resale prices indirectly.

RPM is one of the most significant areas of enforcement activity in the Turkish competition law system. The Board considers it an essential characteristic of competitive markets that undertakings be independent in their pricing decisions. Accordingly, interferences (falling out of the limits set out in the legislation) by suppliers in pricing decisions of their customers can and do attract the Board’s scrutiny. The Competition Law aims at eliminating all mechanisms targeting to achieve resale price maintenance, through direct (such as explicit contractual obligations to observe the supplier’s price policy) or indirect (such as fixing the distribution margin, fixing the maximum level of discount the reseller can grant from a prescribed price level, making the grant of rebates, or reimbursement of promotional costs by the supplier subject to the observance of a given price level, etc.) means of dictating trade parameters to the reseller.

The Board’s established practice adopts a very sensitive approach in connection with all RPM arrangements. Despite certain decisions where the Board signalled a ‘rule of reason’ analysis by considering the market structure, competition level and effect on consumers (eg, Çilek, 20 August 2014, Decision No. 14-29/597-263; Dogati, 22 October 2014, Decision No. 14-42/764-340), the Board’s established precedent points towards a per se infringement for RPM concerning minimum or fixed prices (eg, Anadolu Elektronik, 23 June 2011, Decision No. 11-39/838-262; Akmaya, 20 May 2009, Decision No. 09-23/491-117; Kuralkan, 27 May 2008, Decision No. 08-35/462-162). In a more recent decision, the Board decided not to initiate a full  investigation into Duru Bulgur Gýda San. ve Tic. AÞ (8 March 2018; Decision No. 18-07/112-59) by taking into consideration:

  • inter-brand competition in the market;
  • competitive pressure in the retail market from discount stores and retail chains;
  • Duru’s low market share;
  • low concentration level in the market;
  • the fact that retailers often price its products below the recommended prices; and
  • lack of evidence regarding any enforcement or monitoring mechanism to implement the recommended prices set by Duru.

Regardless of these findings, the Board also issued an opinion letter stating that Duru should indicate in its price lists that the relevant prices are 'maximum' or 'recommended sales prices' and terminate any conduct that may lead to determining resale prices and discount rates or fixing resale prices by any other means.

As seen in the Duru decision, suppliers are not prohibited from setting a maximum resale price or recommend resale prices, provided that such conditions do not, directly or indirectly, lead to any fixed or minimum selling prices and the supplier’s market share in the relevant product market in Turkey remains below 40 per cent. Indeed, in the Jotun decision (15 February 2018, Decision No. 18-05/74-40), the Board found that Jotun Boya Sanayi ve Ticaret AÞ's conduct was more a situation of setting a maximum price including a special discount for large-scale projects than a problematic resale price management.

This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Contact the Author?
Click here to email the Author
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Other Turkey Advice Centres
Intellectual Property
Privacy & Data Protection
More Advice Centers
Significant Recent Cases
Turkish Competition Board case summaries.
Useful Resources
The most recent developments within our firm and practice areas.
ELIG Gürkaynak quarterly newsletter, Legal Insights Quarterly, which includes a collection of essays for informational purposes.
A collection of articles, essays and reports written by our experts.
Upcoming Events
Information on upcoming or recent events and conferences hosted by ELIG Gürkaynak Attorneys-at-Law.
ELIG Gürkaynak has hosted a Turkish competition law webinar in collaboration with Lexology. During the webinar, head of our competition law and regulatory practice, Mr. Gönenç Gürkaynak, introduces remedies and Phase II reviews under the Turkish merger control regime.
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions