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Fast Moving Goods Retail Market

The fast moving goods (“FMG”) retail market has been in a rapid

transformation since the beginning of 2000s. The organized retail is

increasing in FMG retailing. On the other hand, the numbers and the

market shares of the conventional retailing are decreasing. It can be

acknowledged that, together with the increase of their market share,

the mergers and acquisitions between organized FMG retailers and

rates of concentration are also increasing. The Authority by taking into

consideration the structural transformation and increase of concentra-

tion determined that the organized retailers are getting stronger in their

horizontal and vertical relationships and taking an advantageous posi-

tion against the supplier undertakings and increased their role in deter-

mining the commercial conditions in the supply network through buyer

power.

It is stated in the Report that the Authority, by investigations they

hold in relation to the FGM retailing, aims to closely follow up the

market, display a proactive approach to competition concerns and

search for ways to resolve problems which may arise out of the buyer

power by tools which would not hinder the functioning of the market.

In this frame, Authority has dealt with the retail market on the basis of

rule of reason analysis and initiated discussions on three methods

which could be a model for Turkey:

• Decreasing the turnover thresholds in the notification of con-

centration only being limited to FMG retailing market

• Introducing Code of Practice and system of Ombudsman

• Sending the supplier-retailer agreements periodically to the

Authority

Conclusion

As it can be acknowledged when preparing the Report, Authority

has deliberately chosen markets where they cannot resolve the compe-

tition concerns on their own by their sole intervention, but where there

is a need for regulations in the scope of competition policy of the other

administrative authorities and thereby tried to create awareness on

these subjects.

COMPETITION LAW

147