Research

Resale Price Maintenance: Turkish Competition Authority’s Evolving Approach and Possible Consequences

The treatment of resale price maintenance (RPM) cases by competition authorities is becoming stricter. The Turkish Competition Authority considers RPM to be an infringement by object and thus does not analyse its effect. The recent Super Bock decision by the CJEU may potentially bring about a change in this approach.

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Appointing a monitoring trustee can make it easier to get an M&A transaction approved

We know that the Turkish Competition Authority (“TCA”)is not very keen on behavioural remedies. There are several reasons for this, but an important one is the cost and workload involved in monitoring the implementation of behavioural remedies. However, a monitoring trustee selected by the merging parties and appointed with the approval of the Board can carry out monitoring and supervision activities on behalf of the TCA. It would be beneficial for the parties to include the appointment of a monitoring trustee in the package when designing their behavioural commitments.

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