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NEWS LETTER 2 0 1 0

336

The Competition Board authorized the acquisition of 100% of the

shares of Fortis Emeklilik ve Hayat A.Ş. (Fortis Retirement and

Life Inc.) by BNP Paribas since it would not result in creating a

dominant position or strengthening an existing dominant position

and hence not in reducing competition significantly of a nature

mentioned in article 7 of Act No. 4054 and in Communiqué No.

1997/1 (30.09.2010, 10-62/1279-483).

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

the request for the granting of a negative clearance/exemption to

the Insurance Information Center in order to deliver the platform

Motaport, secondhand vehicle buying, and selling agency service,

decided to give a Negative Clearance Certificate under article 8 of

the Act on the Protection of Competition No. 4054 to the internet

site named

www.motaport.com

set up by the Insurance Information

Center and to the service offered at this internet site. This service

is used to investigate the damage and loss of value histories of

passenger vehicles by those buying and selling these vehicles.

Although the database used in offering this service is not sold

or made available to competing undertakings or to undertakings

offering services of a similar nature, an exemption was granted for

three years within the scope of article 5 of the Act on the Protection

of Competition No. 4054 on the ground that they were deemed

unlikely to infringe articles 4, 6 and 7 of the same Act. (30.09.2010,

10-62/1277-481)

The Competition Board decided unanimously that an investigation

was not required to be opened in accordance with article 41 of Act

No. 4054 with regard to the claims that TTNet A.Ş. (TTNet Inc.)

tied the internet service provision service with the Web TV service

named Tivibu thus abusing its dominant position and that the

service cost included in Tivibu advertisements did not reflect reality.

Therefore, it rejected the complaint (30.09.2010, 10-62/1287-488)

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

the claim that Nuh Cement, by exercising its power deriving from

its dominant position in İstanbul Anatolian bank (including Izmit),

conducted a price squeeze in the ready concrete market, infringing

Act No. 4054, decided that opening an investigation was not required

in accordance with Act No. 4054. (07.10.2010; 10-63/1317-494)