An individual exemption assessment examines whether agreements between undertakings, concerted practices and decisions of associations of undertakings may benefit from an exemption under Turkish competition law.

Agreements, concerted practices and decisions falling within the scope of Article 4 of Law No. 4054 on the Protection of Competition may be exempted where all four cumulative conditions set out in Article 5 are met. These conditions concern the promotion of economic or technical progress, a resulting benefit for consumers, the preservation of effective competition in a substantial part of the relevant market, and the absence of restrictions beyond what is necessary.

Self-Assessment under Turkish Competition Law

Undertakings may assess whether their agreements and practices meet the conditions for exemption. The current framework provides that agreements, concerted practices and decisions satisfying all four conditions may benefit from an exemption.

Our Individual Exemption Assessment Services

• Collection of information and documents: Obtaining the information and documents required in relation to the agreement or practice under assessment from the client and relevant parties.
• Competition law analysis: Reviewing the information and documents from a competition law perspective, taking into account the characteristics of the relevant agreement or practice.
• Assessment of exemption conditions: Analysing whether the four cumulative conditions set out in Article 5 of Law No. 4054 are met.
• Legal opinion: Advising the client on whether the relevant agreement or practice may be assessed within the scope of an individual exemption.