Analysis of legal relations arising from distribution agreements in automotive sector from Competition Law perspective

Our study in relation to the evaluation of distribution agreements in automotive sector from competition law perspective has certain basic purposes. First of such purposes is to determine basic characteristics of automotive sale and after sale market and to present differentiating aspects of automotive distribution agreements which are formalized in line with characteristics of product, market and market players from the common distribution agreements. Thus, the reasons for automotive distribution agreements being subject to specific regulations might be better understood. Another purpose of our study is the explicit and detailed explanation of the competition law regulations which automotive distribution agreements are subject to, in a manner accompanied with Competition Authority's decisions and in comparison with the referred European Union regulations. Thus, it will be possible for the readers to accurately interpret such regulations which are quite complicated. Such explanations will establish the basis for the next section of our study regarding the solution of main problems in practice. Most important purpose of our study is to identify, in an explicit manner, certain basic problems with the practice of automotive distribution agreements and to find practical solution to these. For example, legal problems caused by automotive distribution agreements which are void due to not complying with certain conditions and/or matters such as whether the uniform provisions that are inserted in the agreements pursuant to competition law rules shall be deemed as "standard form of contracts" remain without solution in practice. Again, evaluation of the precautions adopted by automobile suppliers for protecting their intellectual property rights from competition law perspective and basic rules that the supplier should comply in its relations with distributors and third parties, who are conducting activities in sector within the scope of after sales services distribution agreements, are the subjects that will be evaluated in our study with detail.