The Turkish Competition Authority (“TCA”) has published the sector inquiry report (“Report”) on handheld terminals widely used in the fast-moving consumer goods (FMCG) sector. The Report concludes that, in addition to the operational efficiencies generated by the use of handheld terminals, such systems also entail significant competition law risks. According to the Report, handheld terminals enable the real-time monitoring of sales, pricing, discounts, inventory and customer data, and this functionality may technically allow suppliers to interfere with the commercial decision-making autonomy of resellers.
The Report further assesses that the sharing of competitively sensitive information collected through handheld terminals or similar systems jointly used by suppliers and resellers, within the framework of vertical relationships, may give rise to three principal categories of infringement under Act No. 4054. In particular, the monitoring of distributor or dealer resale prices through handheld terminals and the systematic enforcement of compliance with such prices may entail a risk of resale price maintenance (“RPM”).
Second, the Report notes that determining, through handheld terminals or similar systems, the customers or territories to which resellers may sell may lead to restrictions on both active and passive sales. It emphasises the risk that such systems may facilitate customer and territorial allocation, either within vertical relationships between suppliers and resellers or within horizontal relationships among resellers acting under the coordination of the supplier.
Third, the Report highlights that the use by dominant undertakings of detailed sales data obtained through handheld terminals within the framework of discount schemes may hinder competitors’ access to the market by creating de facto exclusivity. It is assessed that this may give rise to anticompetitive effects in the market, particularly by facilitating the implementation of exclusionary loyalty rebate schemes.
The sample TCA decisions cited in the Report further demonstrate the concrete manifestation of these risks. In the Frito Lay and Nestlé decisions, it was found that handheld terminal systems effectively restricted resellers’ freedom to set resale prices and/or enabled the enforcement of territorial and customer restrictions. By contrast, in the Gillette, Mey İçki and Red Bull decisions, no competition law infringement was established, as the systems were found to be technically open to distributor discretion and resellers were able to act independently with respect to resale conditions.
In conclusion, the Report underscores the importance of limiting the use of handheld terminals strictly to operational and logistical purposes and avoiding price monitoring, price intervention or the use of data in a manner that restricts competition. Finally, it has been stated that the matters outlined above should also be reflected in the legislation.
(TCA – 12.01.2026)
NAZALI TAX & LEGAL