Passive Sales Restrictions in Turkey

“Passive sales” can be defined as sales that do not include an active effort by the distributor, even if the buyer carries out deliveries or advertises the product to a reasonable degree. According to the Guidelines on Vertical Agreements, advertisements or promotions of a general nature in the media through online channels or similar methods are generally classified as passive sales. The Guidelines on Vertical Agreements further clarifies that preventing the distributors from realising sales through their own websites are considered passive sale restrictions. In its recent BSH decision (16.12.2021; 21-61/859-423), unlike the European practice, the Turkish Competition Board did not make a distinction between the restriction of online sales and the online marketplace restrictions and stated that the restriction of sales through online marketplaces constitutes a hardcore restriction. This determination may have a crucial impact on the way in which suppliers’ distribution systems are assessed in the Turkish competition law.

For more information on online sales restrictions in Turkey, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.