عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب كل ولاية قضائية

تركيا

TR120

رجوع

Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector Communiqué No. 2005/4

 Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector

GENERAL GROUNDS1 FOR THE BLOCK EXEMPTION COMMUNIQUÉ ON VERTICAL AGREEMENTS AND CONCERTED PRACTICES IN THE MOTOR

VEHICLE SECTOR

The distribution and repair of motor vehicles are crucial with regard to

consumers. Particularly when it is taken into account that owning an automobile is

the second largest expenditure of a large part of consumers, this importance is better

understood. In Turkey, motor vehicles such as automobiles, light commercial

vehicles, minibuses, buses, trucks and trailers, and their spare parts reach

consumers through distribution networks created by authorized sellers of

manufacturers and importers. And maintenance and repair services required for the

safe and orderly operation of the motor vehicles in question, which are used for

transport and carriage on highways are again offered to consumers by a network of

authorized services set up by providers.

Providers’ setting up this network of sales and servicing needed by him in

order to be able to offer his products is not welcome due to reasons such as the

highness of cost, the success of local undertakings in establishing a relation with

consumers, and the sharing of stock expenses with the reseller in particular, and

resorting to vertical integration is avoided. Therefore, manufacturers and importers

set up their networks of sales and servicing mostly by authorized selling and

authorized service agreements concluded by distributors and services with

whom/which they do not have links of ownership.

Restrictions of competition which exist in these agreements that are very

similar in nature although concluded by resellers of different providers set

contrariness to article 4 of the Act on the Protection of Competition No. 4054.

Whether horizontal or vertical, the legal consequence faced by all agreements

contrary to the Competition Act is invalidity. However, it is doubtless that like many

vertical agreements, the ones in the automotive sector also have effects of enhancing

efficiency and quality, provided that they bear certain conditions. For this reason, it is

1 This Section as to the general grounds has not been published in the Official Gazette.

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required to consider the agreements in question under the exemption provided for in

article 5 of the Act.

Due to the fact that distribution agreements made in the motor vehicle sector

are organized by the network of resale agreements involving similar restrictions,

which may be identified as a category, the Block Exemption Communiqué on Motor

Vehicle Distribution and Servicing Agreements No. 1998/3 entered into force by

having being published in the Official Gazette of April 1, 1998, by the power provided

in article 5 of the Act No. 4054. Amendments were envisaged in the notification

periods for annulment in the Communiqué No. 1998/3, and the Communiqué

concerning an Amendment to the Block Exemption Communiqué on Motor Vehicle

Distribution and Servicing Agreements No. 2000/3 entered into force after having

been published in the Official Gazette of October 4, 2000.

Despite the fact that the Communiqué No. 1998/3 was a regulation aimed at

the motor vehicle sector, it covered certain types of agreements concluded in the

sector. Due to the fact that the Communiqué covered only those agreements where

distribution and servicing existed together, the other types of agreements in the

automotive sector remained outside the scope and providers were not granted

another alternative by which they can enjoy block exemption as to determining the

distribution system. This situation led to the fact that the efforts for structuring the

distribution system flexibly remained outside the scope of block exemption, and

rendered the Communiqué a regulation which did not cover new techniques of

distribution.

On the other hand, the Communiqué No. 1998/3 envisages a system

consisted of the combination of selective and exclusive distribution systems for the

distribution of motor vehicles and servicing services. With the provisions of the

Communiqué, an automobile manufacturer is able to impose minimum standards on

authorized sellers and services in issues such as the technical equipment of the

workplace, training of personnel, advertising etc. In accordance with the selective

nature of distribution, sales by authorized sellers to unauthorized resellers can be

prohibited. And in accordance with the exclusive nature of distribution, authorized

sellers can be prohibited from selling actively to outside the regions of the agreement

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for purposes of ensuring that they concentrate in the regions of the agreement.

Consequently, in the current system, the only competitive pressure faced by the

authorized seller emerges as passive sales. This situation necessitated regulations

which would increase intra-brand competition.

One of the most fundamental regulations introduced by the Communiqué No.

1998/3 are those regulations aimed at guaranteeing the economic independence of

authorized sellers and services. As an example of the regulations in question, one

may cite provisions such as preventing the reseller from intervening in the resale

price, ensuring that the authorized seller is able to conclude subselling agreements

within his own region in the existence of justifiable grounds, signing agreements for at

least 5 years in the event of concluding them definitely, and the existence of at least

two-year period for notifying an annulment in the event of concluding them

indefinitely. And with a view to ensuring multi-branding, the existence of an

authorized seller’s right was rendered compulsory as to his ability to sell motor

vehicles of another brand, provided that it was at separate places of sale, with a

separate management and in the form of a separate legal entity. These obligations

imposed on authorized sellers and services resulted in the fact that the multi-

branding targeted by the Communiqué No. 1998/3 did not take place de facto.

Therefore, both the promotion of multi-brand sales and the strengthening of minimum

safeguard standards secured in favor of authorized sellers via contract were required.

Another goal among those of the Communiqué No. 1998/3 is to ensure

competition in after-sales services. Within this framework, provisions have been

introduced, aimed at ensuring that manufacturers of spare parts have access to

authorized sellers. Authorized sellers and services were granted the right to be able

to use spare parts of matching quality, and so were manufacturers of spare parts to

be able to place in a visible manner their brands and logos upon their products sold

by them to manufacturers of automobiles. Thanks to such provisions, it is ensured

that consumers, authorized sellers and independent repairers can know who

manufactured a part, and who may be in the position of a provider of a part besides a

manufacturer of motor vehicles. Furthermore, for purposes of granting independent

repairers the opportunity of competing with authorized services, the obligation has

been introduced that manufacturers would provide independent repairers with the

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technical information related to the maintenance and repair of motor vehicles.

However, it is seen that a part of these regulations introduced by the Communiqué

does not reflect on the practice. That independent repairers behave shyly in having

access to the technical information, that manufacturers of spare parts have difficulty

in reaching the service network of providers, and that sufficient competition cannot be

ensured in after-sales services are in the lead of these situations.

Experiences obtained from the implementation of the Communiqué No. 1998/3

more than 5 years, have indicated, as is summed up above, that some regulations of

the Communiqué fall short of attaining the objective for a competitive market, and

some of them give rise to inconveniences as regards the practice. In the light of these

establishments, it was concluded that a new regulation was needed, which

 allowed providers flexibility in setting up the distribution and servicing

network,

 strengthened the position of authorized sellers and services vis-à-vis the

provider,

 ensured that manufacturers of spare parts were involved in competition,

 cleared the way for independent repairers to constitute an alternative for

consumers by means of facilitating their access to the technical

information, equipment and diagnostic devices related to maintenance and

repair services.

Taking into account the foregoing statements, the Competition Board decided

on the issue of this Communiqué.

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Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector

Communiqué No: 2005/4

Purpose Article 1- The purpose of this Communiqué is to determine the conditions of

exempting as a block vertical agreements in the motor vehicle sector from the

application of the provisions of article 4 of the Act on the Protection of Competition

dated 7.12.1994 and numbered 4054.

Scope Article 2- In case those vertical agreements which are about the purchase,

sale or resale of new motor vehicles, their spare parts or repair and maintenance

services contain vertical limitations have been exempted as a block, based on article

5 paragraph three of the Act, from the prohibition in article 4 of the Act, on condition

that they comply with the conditions provided in this Communiqué.

Vertical agreements that involve provisions in relation to the transfer of

intellectual rights to or use of them by the buyer, together with regulations with regard

to the purchase, sale or resale of goods or services, also benefit from the block

exemption provided for in this Commnuniqué, on condition that the intellectual rights

in question directly concern the use, sale or resale, by the buyer or his customers, of

the goods or services which form the substantial subject of the agreement and that

the transfer or use of such intellectual rights does not constitute the essential purpose

of the agreement. However, this exemption is applied concerning the goods or

services which are the subject of the agreement on condition that provisions in

respect of the rights in question do not involve competition limitations which have the

same purposes or effects with those vertical agreements not exempted by this

Communiqué.

Vertical agreements concluded between competing undertakings in the motor

vehicle sector cannot benefit from the exemption granted by this Communiqué.

However, exemption is also applied on agreements between competing

undertakings, which do not have the condition of reciprocity, and on agreements

where

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a) the provider is the manufacturer and distributor of goods, whereas the buyer

is not the manufacturer but the distributor of the goods competing with the goods

which are the subject of the agreement, or

b) the provider operates at various stages of the maintenance and repair

business, and the buyer does not provide competing services at the stage where he

purchases the maintenance and repair services which are the subject of the

agreement.

Definitions Article 3- In terms of the implementation of this Communiqué; a) Competing undertakings are providers who operate or have the potential to

operate in the same product market. The product market covers the goods or

services which are the subject of the agreement, and those goods or services

considered, in respect of the buyer, to be interchangeable with or substitutable for

them as regards the products’ characteristics, prices and intended use.

b) Non-compete obligation is any direct or indirect obligation that prevents the

buyer from manufacturing, purchasing, selling or reselling goods or services

competing with the goods or services which are the subject of the agreement.

Furthermore, taking as the basis the purchases of the buyer in the preceding

calendar year, any obligation imposed on the buyer directly or indirectly, aimed at

purchasing, from the provider or another undertaking to be designated by the

provider, more than 30% of the goods or services in the relevant market, which are

the subject of the agreement, or of those goods or services which substitute for them,

is also considered as a non-compete obligation. As long as the cost of the brand-

specific sales staff the distributor employs is not covered by the provider, imposing on

the distributor an obligation to employ different sales staff for vehicles of different

brands mean, under this Communiqué, a non-compete obligation. An obligation

imposed on the distributor for selling the motor vehicles of other providers in different

sections of the display area in order to avoid confusion between brands does not

mean a non-compete obligation under this Communiqué.

c) Vertical agreements are agreements where two or more undertakings that

operate at different levels of the manufacturing or distribution chain are the parties for

the purposes of the agreement.

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d) Vertical limitations are competition limitations which are included in a

vertical agreement and which fall under the scope of Article 4 of the Act.

e) Obligation for exclusive provision is a direct or indirect obligation, aimed at

the provider’s selling the goods or services which are the subject of the agreement, to

only one buyer for use or resale by him.

f) Selective distribution system means a distribution system where the provider

undertakes to sell the goods or services which are the subject of the agreement only

to the distributors or authorized services directly, and where these distributors or

authorized services undertake not to sell the said goods and services to unauthorized

distributors and services. However, reserved in this system are the

- right of the authorized services to sell spare parts to independent

undertakings,

- obligation of the provider to meet the requests of the independent

undertakings to access the technical information, diagnostic devices and other

equipments, required software or education which are necessary for the maintenance

and repair of motor vehicles.

g) Quantitative selective distribution system is a selective distribution system

where the provider, when selecting its distributors or authorized services, uses

criteria that directly limit the number of these distributors or authorized services.

h) Qualitative selective distribution system is a system where the provider uses

criteria for the distributors or authorized services, which are only qualitative, are

required by the nature of the goods or services that are the subject of the agreement,

are established and put forward so as to be the same for all candidate undertakings

that apply for participation in the distribution system, are not applied in a

discriminatory manner, and which do not directly limit the number of the distributors

or authorized services.

i) Intellectual rights express all intellectual and industrial rights including the

rights of the owner of the work of art and neighboring rights.

j) Buyer is the undertaking in the position of distributor or authorized service,

such that the undertaking that sells goods or services on behalf of another

undertaking is included.

k) Authorized service is an undertaking which provides maintenance and

repair services for motor vehicles within a distribution system established by the

provider.

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l) Special service is an undertaking which provides maintenance and repair

services for motor vehicles without participating in the distribution system established

by the provider.

m) Motor vehicle is the one with three or more wheels, intended for use on

highways.

n) Automobile is a motor vehicle used for carrying at most eight passengers

excluding the driver.

o) Light commercial vehicle is a motor vehicle whose maximum loaded weight

does not exceed 3.5 tons and which is used for carrying goods or passengers. In the

event that a certain light commercial vehicle has a model sold above 3.5 tons, all

models of the said vehicle are also considered to be light commercial vehicles.

p) Spare parts are goods which may be installed upon or in a vehicle in order

to replace components of that vehicle, including lubricants required for the use of the

motor vehicle, with the exception of fuel.

r) Original spare parts means spare parts which are of the same quality with

the components used in the manufacturing or assembly of the said motor vehicle and

which are manufactured according to the specifications and standards set by the

provider for the parts used in the manufacturing or assembly or for spare parts. Spare

parts manufactured on the same manufacturing line with the components of the

vehicle are also within this scope. In case it is certified by the manufacturer of the

parts that these parts are of the same quality with the components used in the

assembly of the said vehicle and are manufactured according to the specifications

and manufacturing standards of the manufacturer of the vehicle, they are deemed

original spare parts, until the otherwise is proven.

s) Spare parts of matching quality are parts which must be certified by their

manufacturer to be of matching quality with the components used in the assembly of

a motor vehicle and to be compliant with the obligatory standards required by the

legislation, if any.

t) Undertakings within the distribution system are undertakings which are

authorized directly by the manufacturer or by another undertaking authorized by the

manufacturer for the distribution, maintenance or repair of the goods which are the

subject of the agreement, including the manufacturer.

u) Ultimate user is a natural or legal person who purchases the new motor

vehicle for own use, including financial leasing companies, unless the agreement

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includes a provision for transfer of ownership or an option for purchase of the vehicle

by2 the expiry of the agreement term.

v) Independent undertaking means the undertakings, special services, repair

device and equipment manufacturers, independent spare part manufacturers and

distributors, technical information publishers, automobile clubs, undertakings that

provide road assistance, undertakings that provide testing services and undertakings

that provide training, which are engaged, directly or indirectly, in the maintenance

and repair of vehicles.

y) Site of unauthorized facility is an address or area where a selective

distribution system member establishes a place of sales, warehouse or delivery point

in addition to the facility it operates from, without the authorization of the provider.

In terms of the implementation of this Communiqué, undertaking, provider,

buyer, distributor and authorized service concepts also include their affiliated

undertakings. In the determination of an affiliated undertaking, the relevant provisions

of the Communiqué on Mergers and Acquisitions Calling For the Authorization of The

Competition Board No. 1997/1 are taken as the basis.

General Conditions of Exemption Article 4- The provisions of the exemption are implemented if the vertical

agreement meets the following conditions, and in case the market share of the

provider in the relevant market where it provides motor vehicles or spare parts or

maintenance and repair services does not exceed 30%, or 40 % for agreements

where quantitative selective distribution is preferred for the distribution of motor

vehicles. There are no market share thresholds for agreements that create a

qualitative distribution system.

For vertical agreements which include an obligation for exclusive provision, the

exemption is implemented in case the market share of the buyer in the relevant

market where it purchases the goods and services which are the subject of the

agreement does not exceed 30%.

Exemption shall apply on condition,

2 İlgili metin yazılırken referans alınan orijinal dokümanda “by” ibaresi yerine “prior” ibaresinin geçmesine karşın, ilgili metinde “anlaşma süresinin sonunda” ifadesi yer aldığından, çevirisi buna uygun olarak gerçekleştirilmiştir.

9

a) that the agreement concluded between the provider and distributor or the

authorized service provides that the provider agrees to the transfer of the rights and

obligations arising from the vertical agreement to another distributor or authorized

service within the distribution system and chosen by the distributor or the authorized

service.

b) that the agreement concluded between the provider and distributor or the

authorized service obliges that, in order to prevent the provider from terminating the

agreement via a notification for annulment because the other party commits behavior

which may not be limited under this Communiqué, the provider must give such

notification in writing and include detailed and objective reasons for the annulment,

c) that the agreement between the provider and the distributor or the

authorized service,

1) is concluded for a minimum of five years and both parties accept to

make the notification six months before the due date of the agreement,

regarding their request for no renewal, which will be contained in the

agreement, or,

2) that the notification period for termination is at least two years for both

parties, in case it is concluded for an indefinite period of time; however, this

period is reduced to at least one year where the provider is obliged by law or

by special agreement to pay appropriate compensation on terminating the

agreement or where the provider ends the agreement because it is necessary

to re-organize the whole or a substantial part of the network.

However this situation does not affect the Parties' right to terminate the agreement in

case the other party does not fulfill one of its main obligations.

The exemption shall apply on condition that the agreement provides for each

of the parties the right to refer disputes concerning the fulfillment of their obligations

stemming from the agreement to an independent expert or arbitrator, without

prejudice to the parties’ right to resort to the court. Disputes relating to the matters

below can be given as examples for this:

a) obligation to provide goods and services,

b) setting or attainment of sales targets,

c) whether the obligation of stock carriage is fulfilled,

d) whether the obligation to provide or use demonstration vehicles is

fulfilled,

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e) the conditions put forward by the provider as regards the sale of

different brands,

f) whether the prevention to operate within a site of unauthorized facility

limits the ability of the distributor of motor vehicles other than

automobiles or light commercial vehicles to expand its business,

g) whether the reasons indicated in the notification for the annulment of an

agreement justifies the annulment of the agreement.

Limitations Which Exclude Agreements from the Scope of Group Exemption Article 5- The exemption provided for within the framework of this

Communiqué shall not apply to vertical agreements which, in combination or in

isolation with other factors under the control of the parties, directly or indirectly, have

as their objective:

a) the restriction of the distributor’s or authorized service’s ability to determine

its sale price. However the provider is able to impose a maximum or

recommended sale price, provided that this does not amount to a minimum

or fixed price as a result of pressure from or incentive offered by any of the

parties,

b) introduction of the restriction on the territory into which, or of the customers

to whom, the distributor or authorized seller may sell goods or services that

are subject of the agreement, apart from the below cases;

1) the restriction of the active sales by the provider into an exclusive

territory or an exclusive customer group allocated to itself or to another

distributor, provided that it does not cover the sales to be made by the

customers of the distributor or the authorized service,

2) the restriction of sales to end users by a distributor operating at the

wholesaler level,

3) the restriction of sales of new motor vehicles and spare parts to

unauthorized distributors by the members of a selective distribution system in

markets where selective distribution system is applied, provided that it does

not cover the sales to be made by the customers of the distributor or the

authorized service,

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4) the restriction of the buyer’s ability to sell components, provided for the

purposes of assembling, to customers who aim to use them to manufacture

the same type of goods as those manufactured by the provider,

c) the prevention of exchange among the system members themselves in the

selective distribution system,

d) the restriction of active or passive sales of new automobiles or light

commercial vehicles, spare parts for any motor vehicle or maintenance and

repair services to end users by members of a selective distribution system

operating at the retailer level in markets where selective distribution is used.

The exemption shall also apply to agreements containing a prohibition on a

member of a selective distribution system from operating within a site of

unauthorized facility. However, the application of the exemption to such a

prohibition is subject to Article 6, Paragraph 2, Subparagraph (b);

e) the restriction of active or passive sales of motor vehicles other than

automobiles or light commercial vehicles to end users by members of a

selective distribution system operating at the retailer level in markets where

selective distribution is used. However, the right of the provider to prohibit a

member of the selective distribution system from operating within a site of

unauthorized facility is reserved.

f) the restriction of the distributor’s right to subcontract its obligations related to

maintenance and repair services to authorized services. However the provider

may oblige the distributor to give end users the name and address of the

authorized service or services in question before the conclusion of a sales

agreement, in addition, if any of these authorized services is not in the vicinity

of the sales outlet, to also tell end users how far it is. Such an obligation may

only be imposed provided that similar conditions are imposed on distributors

whose maintenance and repair shops are not on the same premises as their

sales outlets;

g) the restriction of the authorized service’s ability to limit its activities to the

provision of maintenance and repair services and the distribution of spare

parts;

h) the restriction of the sales of spare parts for motor vehicles by members of

a selective distribution system to special services which are to use these parts

for the maintenance and repair of motor vehicles;

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i) introduction of a restriction, through the agreement concluded between a

provider of original spare parts or spare parts of matching quality, repair

equipment or diagnostic devices or other type of equipment and a

manufacturer of motor vehicles, on the provider’s ability to sell these goods or

services to any authorized or independent distributor, independent

undertaking or end user;

j) prevention of a distributor’s or authorized service’s ability to purchase

original spare parts or spare parts of matching quality from a third undertaking

of its choice and to use them for the maintenance and repair of motor vehicles.

However, a motor vehicle provider may oblige the use of original components

provided by it for repairs carried out under warranty, free maintenance and

vehicle recall work.

k) introduction of restrictions such as those preventing the ability of the

provider of spare parts to place its trade mark or logo effectively and in an

easily visible manner on the components supplied, through the agreement

concluded between a motor vehicle manufacturer and the provider of spare

parts which it uses in the manufacturing of motor vehicles,

The exemption provided for by this Communiqué shall not apply where the

manufacturer of motor vehicles prevents the access of independent undertakings to

any technical information, diagnostic devices and other type of equipment, necessary

software, or training required for the maintenance and repair of motor vehicles or for

the implementation of environmental protection measures.

Such access must include in particular the unrestricted use of the electronic

control and diagnostic systems of a motor vehicle, the programming of these devices

in accordance with the provider’s standard procedures, the repair and maintenance

instructions and the information required for the use of diagnostic devices and

servicing tools and equipment.

Access for independent undertakings should be given precisely and

appropriately without any discrimination and information should be provided in a

usable form. If the relevant item is within the scope of an intellectual property right or

constitutes know-how, access should not be withheld in any abusive manner.

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Specific Conditions Article 6- With regard to the sale, maintenance and repair services or spare

parts of new motor vehicles, exemption shall not apply to the following provisions

included in vertical agreements:

a) Any direct or indirect non-compete obligation,

b) Any direct or indirect obligation preventing members of a distribution

system from selling motor vehicles or their spare parts provided by

competing providers or from providing maintenance and repair services to

those motor vehicles,

c) Any direct or indirect obligation, which causes the distributor or authorized

repairer not to manufacture, buy, sell, resell motor vehicles or not to

provide repair and maintenance services, after the agreement is

terminated.

As regards the sale of new motor vehicles, the exemption shall not apply to

the following obligations included in vertical agreements:

a) Direct or indirect obligation causing the retailer not to provide leasing

services relating to contract goods

b) Any direct or indirect obligation on any distributor of light commercial

vehicles or automobiles within a selective distribution system, which

prevents opening sales or delivery outlets at other regions where selective

distribution is applied.

With regard to maintenance and repair services or the sale of spare parts, the

exemption shall not apply to any direct or indirect obligation related to the place of

establishment of an authorized repairer where selected distribution is practiced.

Withdrawal of the Exemption Article 7- The Competition Board might withdraw the exemption pursuant to

Article 13 of the Act, where it finds that any agreement provided an exemption with

this Communiqué is established to have effects incompatible with the conditions

regulated in Article 5 of the Act. In this circumstance, the Competition Board shall

request the parties’ opinion in written and/or oral form before giving the final decision. In cases where parallel networks formed by similar vertical restrictions enclose

an important part of the related market, the Competition Board, through issuing a

communiqué, might exclude agreements that include restrictions in the related

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market from this Communiqué. Such Communiqué shall be in effect within one year

beginning from the date of issue at the earliest.

Calculating the Market Share Article 8- Market share in this Communiqué shall be calculated on a) For the distribution of new motor vehicles on the basis of the volume of

contract goods sold by the provider together with any other goods sold by

the provider which are regarded as substitutable by the buyer in terms of

the products’ characteristics, prices and intended use.

b) For the distribution of spare parts on the basis of the value of contract

goods together with any other goods sold by the provider which are

regarded as substitutable by the buyer in terms of the products’

characteristics, prices and intended use.

c) For the provision of repair and maintenance services on the basis of the

value of the contract services sold by the members of the provider’s

distribution together with any other services sold by these members which

are regarded as substitutable by the buyer in terms of their characteristics,

prices and intended use.

If the number data required for those calculations are not available, value data

may be used or vice versa. If such information is not available, estimations based on

reliable market data may be used. With regard to the implementation of paragraph

two of Article 4, the market purchase volume or the market purchase value

respectively, if they are not available, reliable estimations might be used for the

calculation of market share.

For the implementation of market share thresholds of 40% and 50% which

exist in this Communiqué, the following rules shall apply:

a) The market share shall be calculated on the basis of the data for the

preceding year.

b) The market share shall include goods and services provided to

integrated sellers for the purpose of sale.

c) If the market share is initially not more than 30% and 40%

respectively but subsequently rises above that level without

exceeding 35% and 45% respectively, the exemption shall continue

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d) If the market share is initially not more than 30% and 40%

respectively but subsequently rises above 35% or 45% respectively,

the exemption shall continue to apply one year following the year in

which the market share threshold was first exceeded.

e) The rights provided by sub-paragraphs (c) and (d) shall not be

combined so as to exceed two years.

Implementation of the Communiqué to Concerted Practices

Article 9- This Communiqué shall apply to concerted practices between undertakings that fall under Article 2.

Legislation Abolished

Article 10- The Communiqué No. 2000/3 and the Communiqué No.1998/3 on Block Exemption Regarding Distribution and Servicing Agreements in Relation to

Motor Vehicles shall be abolished as soon as this Communiqué enters into force.

Temporary Article 1- In order for agreements which benefit from block exemption secured by the Communiqué No. 1998/3 but which do not bear the

conditions provided for in this Communiqué for benefiting from block exemption on

the date of entry into force of this Communiqué to be able to benefit from exemption

granted by this Communiqué, they should be amended such that they meet the

conditions provided for by this Communiqué within one year following the date of

entry into force of this Communiqué. The prohibition provided for in article 4 of the

Act No. 4054 shall not apply to the agreements referred to within this period of time.

Temporary Article 2- Agreements concluded before the effective date of this Communiqué which are still in effect and which bear the conditions regulated in this

Communiqué fall under this Communiqué.

Temporary Article 3- Agreements within the scope of the Communiqué No. 2002/2 instead of the Communiqué No. 1998/3 in spite of being vertical agreements

on distribution, repair and maintenance and spare part sale of automobiles, shall be

evaluated within the scope of Article 2 of this Communiqué. Compatibility of such

agreements shall be realized in accordance with the abovementioned Temporary

Article 1.

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Entry into Force Article 11- This Communiqué shall enter into force on January 1, 2006.

Execution

Article 12- This Communiqué shall be executed by the President of the Competition Authority.