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MONTHLY LEGAL DEVELOPMENT S

321

Article 41 of the Act No. 4054 and to the refusal of the complaint

and the temporary expedient. (21.01.2010; 10-08/69-33)

The Competition Board, during its meeting dated 28.01.2010 by

reason of its provisions that may restrict competition, granted a

three-year exemption in lieu of granting timeless exemption to the

“ATM Bank Card Sharing Platform Protocol” signed among 26

banks to allow customers to withdraw money, check balance with

the bank card they own on another bank’s ATM.

The 2nd edition of the Competition Journal was published on the

official website of the Competition Authority on 03.02.2010.

The Competition Board, as a result of the examination conducted

based on the claim that the agreement between Türkiye İş Bankası

A.Ş. and Kocaeli University regarding the payment of the expenses

incurred by the staff and students inside the university

via

their

identification cards out of their accounts at Türkiye İş Bankası A.Ş.

is capable of limiting competition, decided that there is no need for

an investigation to be opened under Article 41. Thus, the request

was dismissed. (04.02.2010; 10-13/155-65)

The Competition Board, as a result of the examination conducted

based on the claim that the lease contract (“Contract”) concluded

between Sulas Petrol Tic. Ltd. Şti. and Shell&Turcas Petrol A.Ş.

annotated on the title deed infringes Act No. 4054 and Communiqué

No. 2002/2, decided in accordance with the relevant report and in

view of the scope of the case in question that the Contract can benefit

from a block exemption under the Block Exemption Communiqué

No. 2002/2 on Vertical Agreements until 18.09.2010. The parties

will be informed that proceedings will be taken under Article 4

of the Act No. 4054 in the event that attempts are made to extend

the vertical agreement by force, either de jure or de facto, beyond

18.09.2010 without the express consent of both of the parties.

(04.02.2010; 10-13/132-52)

An examination was conducted because of a claim by a complainant

who based the claim on the Competition Board Decision dated

04.12.2008 and numbered 08-69/1122-438. The complainant

applied to Doğan Dağıtım Satış Pazarlama ve Matbaacılık A.Ş.

to become its ancillary dealer, but did not receive any response.