One of the issues that draw attention in competition law practices and which is widely covered both in academic literature and in administrative and judicial decisions is the determination of resale prices. In short, as a result of resale price maintenance agreements concluded between economic enterprises operating at different levels of the supply chain (i.e. vertical agreements) the freedom of the dealers and sellers at the bottom of the chain to set their own prices may be restricted, usually inflating the product prices and consequently inflicting damage on consumers.

Nevertheless, the issue of resale price maintenance brings with it a number of legal and economic challenges since, as a result of this practice, positive outcomes such as efficiency gains – sometimes to the benefit of consumers – can also be generated. Since it has been observed that the uncertainty brought about by this situation has intensified significantly in the last 10-15 years, revealing the approach of the Turkish Competition Authority regarding these practices will provide clarity and predictability in practice.

In the 13th issue of BASEAK CORE Papers series, BASEAK Partner Şahin Ardıyok, together with Associate Professor Emin Köksal presents the historical development of the jurisprudence on resale price maintenance. The findings in this context are presented to the reader in a comparative framework with the practice of the European Union and the United States of America, considered pioneers in terms of such practices.

To download BASEAK CORE Papers, No. 13 (only in Turkish), please click on this link.