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the Metro1 case by the Court of Justice of the European Communities
(“CJEC”). As per this dispute, SABA sells products, such as televi-
sions, radios and tapes through a distribution network composed of
expert sellers who meet certain criteria. SABA refused Metro’s claim
of being a part of this network since Metro does not meet the criteria
required by SABA. The Commission of the European Communities
granted exemption to SABA’s distribution agreement; thus, Metro
applied to the CJEC appealing the decision of the Commission2.
Legal Framework of the System under Turkish Competition
Law
Pursuant to Art. 4 of the Act on the Protection of Competition
No. 4054 (“Act No. 4054”), agreements between undertakings that
have the intent or effect, or likely effect to prevent, distort or restrict
competition, are illegal and prohibited. Within this scope, the selective
distribution agreements that have the intent or effect, or likely effect to
prevent, distort, or restrict competition, are illegal and prohibited, as
well.
If the selective distribution agreements that are included within the
scope of Art. 4 of Act No. 4054 meet the exemption conditions stated
in Art. 5 of Act No. 4054, the Competition Board (“Board”) may
decide to exempt these agreements. Also, these agreements may enjoy
block exemption communiqués issued by the Board.
There are three block exemption communiqués in force that
include regulations on selective distribution agreements. These com-
muniqués are as follows: Communiqué No. 2002/2, Block Exemption
Communiqué on Vertical Agreements and Concerted Practices in
Motor Vehicles Sector No. 2005/4 (“Communiqué No. 2005/4”) and
Block Exemption Communiqué on Technology Transfer Agreements
No: 2008/2 (“Communiqué No. 2008/2”).
COMPETITION LAW 139
1 EuGH, 25.10.1977- Rs. 26/76, Slg. 1977 –”Metro/Saba”, please see.
legal-content/EN/TXT/?uri=CELEX:61976CJ0026 (Access date: 08.01.2016).
2 Uzunallı, Sevilay, Rekabet Hukukuna Göre Dağıtım Anlaşmalarında İnternetten Satış Sınırla-
maları, p. 7, 8. Please see.
UZUNALLI-1.pdf (Access date: 08.01.2016).