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regarded as one undertaking under the scope of Act No. 4054.
This transaction would not result in creating a dominant position,
or strengthening the existing dominant position as specified in
Article 7 of Act No. 4054 and in Communiqué No. 1997/1 and thus
in decreasing competition significantly. Therefore, it was found
permissible. (16.12.2010; 10-78/1643- 608)
•
As a result of the examination made within the scope of the
privatization process of Boğaziçi Elektrik Dağıtım A.Ş. (Boğaziçi
Electricity Distribution Inc.), Gediz Elektrik Dağıtım A.Ş. (Gediz
Electricity Distribution Inc.), Trakya Elektrik Dağıtım A.Ş.
(Trakya Electricity Distribution Inc.) and Dicle Elektrik Dağıtım
A.Ş. (Dicle Electricity Distribution Inc.), the Board decided that
Mehmet Kazancı, Esin Kazancı, Begüm Kazancı and Mustafa
Kurnaz, the shareholders of MMEKA are within Kazancı Holding
and therefore under the same economic entity as Aksa Elektrik
Perakende Satış A.Ş. (Aksa Electricity Retail Sales Inc.). Moreover,
they are to be regarded as one undertaking under Act No. 4054.
If İş-Kaya-MMEKA and/or Aksa Elektrik effectuate jointly the
acquisition of Boğaziçi, Gediz and Trakya, it would result in
creating a dominant position in favor of Kazancı Holding and
thus in decreasing competition significantly in relevant markets.
However, if the relevant undertakings effectuate the acquisition
of two of Boğaziçi, Gediz and Trakya, this acquisition would be
permissible according to Act No. 4054. The Board also decided
that the acquisition of Dicle by İş-Kaya, MMEKA and Rosse would
be authorized under Act No. 4054; that the acquisition of three of
Boğaziçi, Gediz, Trakya and Dicle would not result in creating a
dominant position and thus in decreasing competition significantly
in relevant markets according to Act No. 4054; that the possible
acquisitions of Boğaziçi by Park Holding A.Ş, Gediz by Enerjisa
Elektrik Dağıtım A.Ş, Trakya by IC İçtaş or by KCETAŞ-AYEN
and Dicle by Karavil – Ceylan İnşaat or by Çalık Enerji would be
authorized. (16.12.2010; 10-78/1643-608)