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320

Important Legislation and Decisions in Competition

The Competition Board, as a result of the examination made upon

a request for a negative clearance document / exemption within the

scope of Articles 8 and 5 of the Act No. 4054 to the “Agreements

New Holland and Case” concluded between CNH International SA

and Türk Traktör ve Ziraat Makineleri Tic. A.Ş. and to the “Harman

Agreement” concluded between CNH International SA and Harman

Traktör ve Biçerdöver San. ve Tic. A.Ş., the market share threshold

of 40% being exceeded in the relevant market, decided that the

Agreements could not benefit from the block exemption set forth

in the Block Exemption Communiqué on Vertical Agreements,

Amended by the Competition Board Communiqué No. 2003/3

Communiqué No: 2002/2 and to grant an individual exemption

within the scope of Article 5 of the Act No. 4054. (06.01.2010;

10-01/ 9-7)

The CompetitionBoard, as a result of the examinationmade upon the

allegation charging abuse of a dominant position because although

certain HP-branded printers could not be repaired anywhere else,

the price offered for the repairs by HP’s Technical Service was even

higher than the price of printers equivalent to the products requiring

repair, decided that it was not necessary to open an investigation in

accordance with Article 41 of the Act No. 4054, and the complaint

was rejected. (12.01.2010; 10-04/38-18)

The Competition Board, as a result of the examination made upon

the allegations regarding the distortion of competition because

retail prices were lower than wholesale tariff prices in the leased

line prices offered by Türk Telekomünikasyon A.Ş., decided that

it was not necessary to open an investigation in accordance with

Article 41 of the Act No. 4054, and the complaint was rejected.

(12.01.2010; 10-04/36-16)

The Competition Board, as a result of the examination made upon

the allegation of the abuse of a dominant position realized

via

the

campaign “250 airtime minutes with 2 covers” and the campaign

“100 Airtime Minutes for Each Cover” conducted by Turkcell

İletişim Hizm. A.Ş. and Coca-cola Satış Dağıtım A.Ş., decided that

it was not necessary to open an investigation in accordance with