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NEWSLETTER 2011

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In reality, it is aimed, through this proposal, to prevent the distortion

of competition because minor acquisitions do not reach the thresholds

stated in the Communiqué No. 2010/4 which entered into force of January

, 2011

Code of Conduct and Ombudsman System.

The Board, by taking

as example England, foresaw that an ethical set of conduct is established

with the participation of the parties of the dispute at hand, and this is

later implemented under the supervision of an independent referee

(ombudsman). However, the Board did not delineate and clarify as to the

content and binding power of this code of conduct.

Forwarding of the Supplier –RetailerAgreements to theCompetition

Authority on an Annual Basis.

The Board, by referring to the Norwegian

Competition Authority, proposed, that supplier – retailer agreements are

regularly notified to theCompetitionAuthority. Nevertheless, thiswill only

apply in terms of retailers over a certain size regarding product groups for

which purchasing power is determined to be high. The expected benefit is

to make the agreement transparent and eliminate unfair practices.

Analysis on the Preliminary Report

Even though the Turkish FMCG retail market has been a market in

rapid progression during the last years, it is not well developed as the

same level as European Countries. As a matter of fact, in comparison with

Europe, the figures are noticeably lower. As also mentioned above, the

CR4 are 91% in Sweden, 68% in UK, 67% in Germany, 65% in France,

50% in Hungary and 20% in Italy, while it is 14% in Turkey.

For that reason, even if it is not an urgent requisite that the FMCG

sector is immediately regulated, it is important that legislative works are

being commenced to be made as of now and the future developments in

that sector are taken into consideration.

Within this scope, different legislation shall be analysed. Nevertheless,

the legislation analysis shall not be limited to only France, England

and Norway. Indeed, some problems still exist even in these broad and

modern legislations. Moreover, the structure of the FMCG Retail Market

is different in these countries and in Turkey. This is why the identical