The Board stated that the regulations in a circular attached to the dealership agreements signed between BSH and its authorized dealers, which stipulate that BSH’s authorized dealers are completely prohibited from making sales on online marketplaces and that various sanctions are imposed on authorized dealers who do not comply with the relevant prohibition. Although the circular allows dealers to sell online through their own websites, it has prevented dealers from selling on online marketplaces. To test BSH’s claims and evaluate the market, the Authority turned to competing suppliers, their dealers, BSH dealers, electro markets, online marketplace platforms and, last but not least, consumers by sending information request. The Authority also commissioned research firms to conduct multiple surveys on e-commerce, consumer choices, etc. to understand the market fully. The Board decided that the restriction of sales through online marketplace is not within the scope of the block exemption set forth in Communiqué No. 2002/2. In addition, the Board decided that BSH could not benefit from the individual exemption because it does not meet any of the conditions listed in Article 5 of Law No. 4054.
Click here for the text of the decision dated 16.12.2021 and numbered 21-61/859-423.