NEWSLETTER-2017

91 COMPETITION LAW Definitions The scope of the definitions included in the Abrogated Commu- niqué has been amended, and the new definitions are included, and the current definitions of the Abrogated Communiqué are removed from the scope of the Communiqué. • Definitions of “competing undertakings,” “intellectual rights,” “automobile,” “light commercial vehicle,” “underta- king within the distribution system,” “ultimate user,” “inde- pendent undertaking,” and “site of unauthorized facility,” are removed from the scope of the Communiqué. • Definitions of “independent distributor of spare parts,” “maintenance and repair chain,” “distributor,” “exclusive distribution system,” “supplier,” “authorized distributor,” “authorized seller,” “authorized distributor of spare parts,” and “chain service” are included in the Communiqué. • Definitions of “spare parts of matching quality,” “non- compete obligation,” “selective distribution system,” are amended. In this respect, the definition of “spare parts of matching quality” is defined more clearly. General Conditions of the Exemption In order to benefit from the exemption, two main conditions are provided within the scope of the Communiqué. The market share should not exceed certain thresholds in the relevant market, and the notification period of termination must be complied with. In this re- gard, firstly, the relevant market should be designated; thereafter, the market share should be calculated in line with the regulation provided under Article 9 and, finally, the market share should be evaluated with respect to the thresholds listed under Article 5. Market share thresh- olds are different as compared to theAbrogated Communiqué in which the market share thresholds for an exclusive distribution system was designated as 30%, and for the selective distribution system as 40%. As per Article 5 of the Communiqué, implementation of the ex- emption depends on the market share not to exceed 30% in (i) the