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MONTHLY LEGAL DEVELOPMENT S
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•
Upon the overruling by the Council of State on 07.05.2010, as
to Medistar Biomedikal Mühendislik A.Ş. (Medistar Biomedical
Engineering Inc.) and Nemed Tıbbi Ürünler Sanayi ve Dış Ticaret
Ltd. Şti. (Nemed Medical Products Industry and Foreign Trade
Co. Ltd.), of the Decision taken by the Competition Board on
16.03.2007 as a result of an investigation conducted with a view
to identifying whether undertakings operating in the market for
medical expenditure materials infringed article 4 of Act No. 4054
by means of making an agreement among themselves, the file was
reassessed. As a result of a re-assessment by the Competition Board,
it has been decided to impose an administrative fine of TRY 235.50
(two hundred and thirty-five TRY fifty Kr) on Medistar Biomedikal
Mühendislik A.Ş. (Medistar Biomedical Engineering Inc.),
discretionally being 5% (five percent) of its gross revenue forbthe
year 2009, to impose an administrative fine of TRY 246,781.14
(two hundred and forty-six thousand seven hundred and eighty-one
TL fourteen Kr) on Nemed Tıbbi Ürünler Sanayi ve Dış Ticaret
Ltd. Şti. (Nemed Medical Products Industry and Foreign Trade Co.
Ltd.), discretionally being 4% (four percent) of its gross revenue for
the year 2009. (07.10.2010; 10-63/1325-497 )
•
The Competition Board, as a result of the examination made upon
a request for the acceptance that the vertical agreement between
the parties coming from the past experienced an interruption due
to the fact that usufruct and lease contracts arranged between
Shell&Turcas Petrol A.Ş. (Shell&Turcas Petroleum Inc.)
(Shell&Turcas) and its 38 dealers were renewed on the same or very
close dates in order to determine a 5-year block exemption period,
decided that, among the vertical agreements made by Shell&Turcas
Petrol A.Ş. (Shell&Turcas Petroleum Inc.) and dealers as to a total
of 38 separate stations; 16 of dealership contracts and usufruct/lease
contracts renewed on the same date benefitted for 5 years from the
exemption granted by the Communiqué No. 2002/2 from this date,
so did 13 agreements, where dealership contracts were renewed
short before usufruct/lease contracts, from the date of dealership
contracts, and so did 9 agreements, where usufruct/dealership
contracts were renewed short before dealership contracts, from the
date of signing usufruct/lease contracts. (07.10.2010; 10-63/1313-
491)