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MONTHLY LEGAL DEVELOPMENT S

349

would not result in creating a dominant position or strengthening

the existing dominant position as specified in Article 7 of the Act

No. 4054 and in Communiqué No. 1997/1 and thus in decreasing

competition significantly. However, it has been decided that an

administrative fine of TL 294.331,74 will be assessed as the

transactions were completed without the permission of the Board.

(26.08.2010; 10-56/1088-408)

The Competition Board decided that the transfer of 80% of the

shares of Doğal Elektrik Üretim A.Ş. from Gama Enerji A.Ş. to

Hamza DOĞAN fell under the scope of Article 7 of Act no 4054 and

Communiqué no 1997/1, but that it was not subject to authorization

since the market shares and turnovers of the parties did not exceed

the thresholds specified in the same Communiqué. (02.09.2010,

10-57/1138-427)

The competition Board, as a result of the examinations conducted

upon the request for authorization of the acquisition of the assets

of Kammgarn Spinnerei Stöhr GmbH and the shares of S.C. Stoehr

Rom S.R.L., both of which are affiliates of the Stöhr Group, by the

ERWO Group companies Südwolle GmbH & Co. KG and ISBE

Holding AG, decided that the notified transaction was not subject

to authorization since the market shares and turnovers of the parties

did not exceed the thresholds specified in the relevant Communiqué

and that the notified transaction should be issued a certificate of

negative clearance under Article 8 of Act no 4054. (02.09.2010,

10-57/1148-433)

The Competition Board, as a result of the examination conducted

based on the request for the amendment of some points included in

the commitment concerning the conditional acquisition of Burgaz

Alkollü İçecekler Ticari ve İktisadi Bütünlüğü (Burgaz Alcoholic

beverages Commercial and Economic Entity – Burgaz) by Mey

İçki San. ve Tic. A.Ş., which was authorized by the Competition

Board decision dated 08.07.2010 and numbered 10-49/900-314,

subject to conditions, decided (1) that in order to ensure that Burgaz

conserves its competitive value and to maintain supply continuity,

production might be undertaken by Mey İçki San. ve Tic. in case of

a significant decrease in the inventory, provided it was done under

the supervision of the independent Burgaz management, and the