Amendment to the Law on the Regulation of Retail Trade
The Law Amending the Law on the Union of Chambers and Commodity Exchanges of Turkey and the Law on Chambers and Certain Laws and the Decree Law No. 640 (Omnibus Law) is published in the Official Gazette dated 01.02.2023 and numbered 32091. The Omnibus Law amended the Law No. 6585 on the Regulation of Retail Trade (Law) regarding (i) unfair commercial practices in the supply chain; (ii) payments arising from commercial relations between producers, suppliers and retail businesses; and (iii) common areas and common expenses in shopping centers.
- In commercial relations between producers, suppliers and retail businesses, activities of one party that significantly disrupt the commercial activities of the other party, reduce its ability to make reasonable decisions or cause it to be a party to a commercial relationship to which it would not normally be a party are defined as unfair commercial practices and the prohibited activities are exemplified under the Law.
- The minimum payment period for agricultural and food products is determined to vary between 30 and 60 days, depending on whether the creditor and debtor are small, medium or large-sized.
- The common expenses of shopping centers are defined and it is regulated that shopping centers can collect contribution fees from retail businesses only for common expenses. Since advertising, marketing and consultancy expenses do not qualify as common expenses, it is stated that no fee can be collected for these expenses. With the provisional article added to the Law, it is stipulated that the provisions in the contracts established before 01.02.2023 which enable shopping centers to collect contribution fees from retail businesses for expenses such as advertising, marketing and consultancy are valid for the duration of the contract and that in cases where the contract is renewed or deemed to be extended, no contribution fee can be collected for the expenses mentioned above.
- Penalties to be imposed on those who violate the provisions on unfair commercial practices, payment periods and shopping center common areas are also stipulated under the Law.
- Amendments regarding unfair commercial practices and payment periods will enter into force on 01.01.2024, amendments regarding shopping center common areas will enter into force on 01.02.2023, and amendments regarding penalties will enter into force on various dates starting from 01.02.2023.
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