Turkey: Growing determination
SUPPLEMENT - THE 2008 GUIDE TO COMPETITION AND ANTITRUST - October 01, 2008
During the Turkish Competition Authority's (Authority) ex-officio investigation of the market for industrial ice creams in Turkey, the Turkish Competition Board (Board) held in Unilever San. ve Tic. Turk A.S. (Unilever) that, due to its dominant position in the ice cream market, Unilever's current exclusive agreements with points of sale and its well-established commercial practices aiming at creating de facto exclusivity could not benefit from Block Exemption Communiqué 2002/2 regarding vertical agreements.
Having been evaluated by the Board as enjoying a dominant position (with a share above 40%) in the market for industrial ice creams (through its Algida trade mark), in an attempt to safeguard effective competition in the relevant product market, the following remedies were imposed on Unilever.
Vertical agreements executed by and between Unilever (or its distributors) and points of sale (other than Algida shops) that include non-compete clauses are prohibited.
Arrangements whereby Unilever (or its...
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