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NEWS LETTER 2 0 1 0

332

and Condor Flugdienst GmbH. The investigation has been initiated

to determine whether Güneş Ekspre Havacılık A.Ş. and Condor

Flugdienst GmbH. infringed Act No. 4054 on the Protection of

Competition by engaging in anticompetitive behavior for flights

between Germany and Turkey through agreements between

themselves.

The Competition Board, as a result of the examination conducted

upon the request that a negative clearance document be given or an

exemption be granted to the Distributorship Contract (the Contract)

signed on 13.07.2009 between Roche Müstahzarları San. A.Ş. and

Drogsan İlaçları San. ve Tic. A.Ş. in relation to the drugs branded

as Roaccutane, decided that it is not possible to give a negative

clearance document to the Contract under Article 4 of Act No.

4054 and that the Contract benefits from a block exemption under

Communiqué No. 2002/2. (08.07.2010; 10-49/908-317)

The Competition Board, as a result of the reevaluation made

upon the overruling by the Council of State on 16.02.2010 of

the Competition Board Decision taken 01.02.2007 regarding the

acquisition of the shares of Inco Limited by CVRK Canada Inc.

through a stock market purchase without an agreement, decided that

because the transaction with which the Board decision is concerned

was entered into without the authorization of the Competition

Board, CVRD Canada Inc., must pay administrative fines of TRY

1,592 in accordance with Act No. 4054. (08.07.2010; 10-49/949-

332)

The Competition Board, as a result of the examination conducted

into the claim that Siemens Healthcare Diagnostik Tic. Ltd. Şti.

abuses its dominant position through certain exclusionary practices,

decided that no investigation need be opened under Act No. 4054

and dismissed the complaint. (08.07.2010; 10-49/896-310)

Inaccordancewith theCompetitionBoarddecisiondated07.07.2010

and numbered 10-49/951-M within the scope of the investigation to

determine whether Aras Kargo, Yurtiçi Yurtdışı Taşımacılık A.Ş.,

Filo Kargo A.Ş., MNG Kargo Yurtiçi ve Yurtdışı Taşımacılık A.Ş.

and Yurtiçi Kargo Servisi A.Ş. violated Act No. 4054, a hearing will

be held onWednesday 01.09.2010 at 10:00 as per the “Communiqué