Distribution & Dealership Agreements
GlobalB Law structures and negotiates the distribution, dealership and agency agreements behind vehicle sales networks, keeping them inside Turkish and EU competition-law safe harbours.
Distribution and dealership networks are the backbone of vehicle sales, and they are governed first and foremost by competition law. GlobalB Law advises manufacturers, importers acting as distributors, and dealers on selective and exclusive distribution, commercial agency, and after-sales and spare-parts arrangements, structuring networks that are commercially effective and compliant from the outset.
The motor-vehicle sector-specific Block Exemption Communiqué No. 2005/4 has been repealed, so vehicle distribution now falls under the general Block Exemption Communiqué No. 2002/2 on Vertical Agreements in Türkiye, mirrored by the EU Motor Vehicle Block Exemption Regulation (Reg. 461/2010, extended to 2028) and Regulation 330/2010. We assess market-share thresholds, selective-distribution criteria, single-branding and non-compete limits, multi-brand showrooms, online and cross-border sales, and access for independent repairers and spare-parts suppliers.
On the contract itself, we draft territory, target, stock and warranty-handling terms, and we manage the most litigated issue, termination. That includes the commercial agent's goodwill/portfolio compensation (denkleştirme talebi) under Article 122 of the Turkish Commercial Code, which Turkish courts have extended by analogy to exclusive dealers who hand their customer base to the supplier.
What we do
Services in this practice
सामान्य प्रश्न
अक्सर पूछे जाने वाले प्रश्न
Does the special motor-vehicle block exemption still apply in Türkiye?
No. The sector-specific Communiqué No. 2005/4 was repealed, and motor-vehicle distribution now falls under the general Block Exemption Communiqué No. 2002/2 on Vertical Agreements. An agreement qualifies for the safe harbour broadly where the supplier's market share is at or below 40% and the agreement avoids hardcore restrictions. We review networks against the current regime rather than the old sector rules.
Can a dealer claim compensation when the agreement is terminated?
Often, yes. Under Article 122 of the Turkish Commercial Code a commercial agent can claim goodwill/portfolio compensation (denkleştirme talebi), and Turkish courts have extended this by analogy to exclusive dealers who are integrated into the supplier's network and transfer their customer base on termination. We structure the relationship and the exit to manage this exposure.
Can a manufacturer stop a dealer from selling competing brands?
Only within limits. Single-branding and non-compete obligations are restricted; under the vertical block exemption a non-compete that exceeds five years or is indefinite generally loses the exemption, and multi-brand showrooms are broadly permitted. We draft brand-exclusivity and non-compete clauses that stay inside the safe harbour.
Are online and cross-border sales restrictions allowed?
Outright bans on passive or online sales are hardcore restrictions that void the exemption. A supplier may impose quality criteria on online sales but cannot prevent dealers from fulfilling unsolicited orders from outside their territory. We align e-commerce, marketplace and territory clauses with competition law.
शुरू करें
अपॉइंटमेंट लें
हमें अपने मामले के बारे में बताएँ और हम आपको सही वकील से जोड़ देंगे।