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MONTHLY LEGAL DEVELOPMENT S

323

and the final decision numbered 175-66 was taken during the

Competition Board meeting dated 08.02.2010 and numbered 10-

14. In this decision, it has been unanimously decided that İzocam

was within the scope of Article 4 of the Act and that it did not

benefit from block exemption. Furthermore, it has been decided

by a majority of votes that İzocam did not fulfill the conditions of

individual exemption, that it must abstain frompractices constituting

infringement of competition, and that it must pay an administrative

fine by five thousandth of its gross revenue accumulated by the end

of the fiscal year 2008 which amounts to TRY 1,317,714.37.

The Competition Board, as a result of the examination conducted

based on the claim that BOTAŞ Boru Hatları ile Petrol Taşıma A.Ş.

infringed Article 6 of the Act No. 4054, decided that there is no

need to open an investigation under Article 41 of the Act No. 4054

at this stage, and the complaint is thus dismissed. (11.02.2010; 10-

16/189-73)

The Competition Board, as a result of the examination conducted

based on the claim that ERA Reklam Hizmetleri Tekstil Mobilya

ve Gıda San. Tic. A.Ş.-Wall Şehir Dizaynı ve Ticaret Ltd. Şti.

exerted pressure on the municipalities in the district of Bodrum

in an effort to prevent undertakings other than themselves from

operating in open air advertising, decided that there is no need to

open an investigation under Article 41 of the Act No. 4054 and

the complaint is thus dismissed because the subject of the dispute

needs to be resolved under the rules of private law. (11.02.2010;

10-16/180-68)

In order to effectively control the operations of concentration and

to establish judicial certainty as to the parties’ operations, and in

consideration of the essential principles of transparency, the Draft

prepared in order to replace Communiqué No. 1997/1 has been

submitted for public comment until 05.03.2010 by being published

on the official website of the Competition Authority on 15.02.2010.

Because the Council of State repealed the Competition Board

decision takenon13.07.2006concerning the investigationconducted

by the Board on grounds that Roche Müstahzarları San. Tic. A.Ş.,

Eczacıbaşı İlaç Pazarlama A.Ş. and Beşer Ecza Deposu Tic. ve San.