2016.ANA METIN ingilizce.01

and suppliers of products. The stated provision prohibits premiums or

other claims that are not directly connected to the demand of the prod-

ucts, such as the consideration to open or alter the stores, turnover

deficit charges, and contribution fees of banks and credit cards. As this

article and its preamble state, premiums and considerations provided

for in the provision are not listed using the

numerous clausus

approach.

Therefore, all of the retail businesses’ premium or consideration claims

that are not directly connected to the demand of products may be pre-

cluded within the context of this provision. In addition, the retail busi-

nesses (shopping malls, chain stores, etc.) may be entitled to premiums

or consideration regarding advertisements, announcements, or shelv-

ing-space allocations that are directly connected to the demand of the

products, only if the type and ratio of these premiums or considerations

are specified in the agreements that are concluded between the retail

businesses and producers or suppliers. These considerations can only

be claimed within the duration of the agreement, and on the condition

that the relevant product shall be displayed for sale on shelves until the

expiration of the agreement. Upon any non-compliance with this pro-

vision, an administrative fine that is equal to the amount of the unjust-

ly applied premium or consideration will be imposed upon the business

according to the LRRT Art. 18/a.

With the intent to procure protection for small businesses, LRRT

Art. 7 stipulates that payments made to the suppliers or producers by

the retail businesses must be fulfilled on the date provided in the agree-

ment. The period for payments of fast-moving consumer goods, whose

shelf life is limited to 30 days, cannot exceed 30 days following the

delivery of the goods. This provision will be applied in cases where the

producer or the supplier is a small business

and the debtor is a large-

COMMERCIAL LAW

Regulation on the Definition, Qualities and Classification of Small and Medium Scaled

Enterprises Art. 5/b defines small businesses. Pursuant to the definition, a small business is a

business in which less than fifty persons are employed, and that either of its annual net sales

revenue or financial statement does not exceed eight million Turkish Liras. For the

Regulation, please see:

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