ANA METIN ingilizce.17

Board No. 2010/4

(“Communiqué No. 2010/4”) briefly refers to

ancillary restraints. Accordingly, authorizations granted by the

Competition Board (“Board”) to mergers and acquisitions include

ancillary restraints as well.

Following the entry into force of the Communiqué No. 2010/4, the

Guideline for Undertakings Concerned, Turnover and Ancillary

Restraints in Mergers and Acquisitions (“Guideline”) was published on

the official website of the Competition Authority

. The Guide provides

information regarding the characteristics and components of ancillary

restraints.

Types of Non-Compete Agreements

Non-compete agreements may be foreseen as a prior or accessory

agreement, or as a supplementary obligation.

Prior Non-Compete Agreements.

These contracts are “agree-

ments” as expressed under the Competition Act, which aim to restrict

competition by accepting certain conditions regarding the price, sale,

production, distribution and similar areas.

Since the purpose of the prior non-compete agreement is to direct-

ly or indirectly prevent, distort or restrict the competition within a

product or service market, these kinds of agreements are deemed ille-

gal and prohibited under the Competition Act.

Accessory Non-Compete Agreements.

These types of agreements

have a tight connection with the main agreement that gives rise to their

formation and assist in the performance of this agreement. In other

words, these types of agreements are a part of the main agreement and

shall have meaning only within the scope of the main agreement.

Unlike prior non-compete agreements, the main point and aim of

accessory non-compete agreements is not the direct or indirect preven-

tion, distortion or restriction of competition within a product or service

152

NEWSLETTER 2012

Communiqué No 2010/4 was published in the Official Gazette dated October 7, 2012 and num-

bered 27722 and entered into force on January 01, 2011. To find this Communiqué see:

(accessed on: 18.01.2013).

The Guideline was published on June 27, 2011. To find this Guideline see

bet.gov.tr/Resources/Kilavuzlar/kilavuz14.pdf (accessed on: 18.01.2013).