Goodwill compensation is an indemnification paid by manufacturer to distributor or principal to agent after termination of distributorship/agency agreement, since the manufacturer/principle has gained certain profits from the customer portfolio provided by distributor or agent. Goodwill compensation is not yet regulated by the laws of all countries...
Calculation of Goodwill Compensation Under Turkish Law
New Turkish Commercial Code (“TCC”) has regulated the portfolio compensation, which was formerly applied by Supreme Court decisions, under the name of Equalization Claim and defined some rules in relation to such payable amount. However, TCC or secondary legislation do not expressly define how the calculation will be...
Goodwill Compensation From Local Courts’ View
In this article, we would emphasize on several local court decisions yet to be finalized, concerning the goodwill compensation regulated under the name of “Equalization Claim” in Turkish Commercial Code entered into force in 2011.
Goodwill Compensation Under German Law
Turkish Commercial Code No. 6102 was essentially regulated being influenced by the German and Swiss legislation. The German Commercial Code (Handelsgesetzbuch-HGB) also has the speciality of being the first commercial code in the world which makes a separate arrangement regarding the agents. Thus, on this paper, Article 89b of the...