NEWS LETTER 2 0 1 0
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