Article 4 of Law No. 4054 on the Protection of Competition (the “Competition Law”) prohibits all agreements between undertakings which have the aim or effect of preventing, restricting or distorting competition. Of the above types of chords, vertical chords are the most frequently tested. Vertical restraints, such as resale price maintenance (RPM), most-favoured-nation clauses, exclusive trade agreements, rebate regimes, non-competition clauses and reverse non-competition clauses, often have results in the application of Turkish law. Some vertical agreements may contain restrictions incompatible with Article 101 TFEU. These are agreements which contain provisions: vertical agreements are provided for in Article 101(1). 2 TFEU is unlawful where the agreement has a restrictive `aim` or `restrictive effect` within the meaning of Article 101(1) TFEU. However, if the parties can demonstrate that it is covered by a potentially applicable block exemption or that it can be expressly justified on grounds of effectiveness within the meaning of Article 101(3) TFEU, it may be exempted. The vertical agreement is a cooperation agreement between two or more competing companies operating on the market at different levels of production or the distribution chain.
For example, there could be a vertical agreement between a manufacturer, a distributor and a retailer. These agreements are generally illegal, as they can eliminate competition, create a monopoly, artificially increase prices or otherwise affect the free market. If the agreements are in the interest of the parties and the public, they may be declared appropriate. Note: Unlike horizontal agreements, vertical agreements are not considered illegal per se by cartel law, but must withstand judicial review to be valid. Vertical agreements are widely accepted, as they impose fewer competition concerns than horizontal agreements. Horizontal agreements are concluded between two current or potential competitors. Vertical price agreements are an agreement linked to vertical agreements. The courts have decided that the vertical system of fixed prices is subject to anti-cartel rules and should be assessed in accordance with the basic rule.
“Vertical compliance.” Merriam-Webster.com Legal Dictionary, Webster merriam, www.merriam-webster.com/legal/vertical%20agreement. Retrieved November 27, 2020. There are cases where certain types of agreements do not automatically fall within the scope of Article 101 TFEU, for example.B.: for example, a consumer electronics manufacturer could have a vertical agreement with a retailer under which the retailer would sell and advertise the products of the former, possibly for more advantageous prices. Such agreements could lead to partitioning of markets and/or the creation and maintenance of territorial restrictions. . . .