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MONTHLY LEGAL DEVELOPMENT S
355
Important Publications and Decisions in Privatization
•
The Competition Board, as a result of the examination of the
privatization of the sugar factories of Kastamonu, Çorum,
Çarşamba, Kırşehir, Turhal and Yozgat (Portfolio C) pertaining
to Türkiye Şeker Fabrikaları A.Ş. en bloc
via
the “sale of assets”,
decided that it will be possible to apply to the Competition Board
for authorization only if Konya Şeker Sanayi ve Ticaret A.Ş. owns
all or some of the shares not included in the 51% of the shares to
be owned by the members of the joint venture to be established as
stated in the Declaration of Joint Venture. (21.01.2010; 10-08/65-
29)
•
The Competition Board, as a result of the examination conducted in
relation to the privatization and transfer of all of the assets related
to the salt production business of the Ayvalık Salt Enterprise
Directorate of Tütün, Tütün Mamulleri, Tuz ve Alkol İşletmeleri
A.Ş.
via
the “sale” and the “transfer of the operating rights” methods,
decided to authorize the operation because it was within the scope
of Article 7 of Act No. 4054 and Communiqué No. 1998/4. It was
further decided that among the bidders only Cihanbeyli Madencilik
Tuz Nakl. Kimya San. ve Tic. A.Ş. was subject to authorization,
but this undertaking would also not result in the creation or
strengthening of a dominant position as described under Article
7 of Act No. 4054, and thus there is no harm in authorizing the
transaction. (11.02.2010; 10-16/182-69)
•
The Competition Board conditionally authorized the acquisition
of Burgaz Alkollü İçkiler ve İktisadi Bütünlüğü, which had been
offered for sale by the Saving Insurance Doposit Fund by Mey İçki
San. ve Tic. A.Ş., in its decision numbered 10-49/900-314 rendered
on 08.07.2010 upon the final notification made on 24.03.2010.
•
The Competition Board decided that the acquisition by Sebil
Televizyon Yayıncılık A.Ş. and Er Televizyon Yayıncılık Hizmetleri
A.Ş. of Maxi TV Commercial and Economic Entity, which were
the two highest bidders in the tender for its sale by TMSF was not
subject to authorization because it did not exceed the thresholds
provided for in article 7 of the Act No. 4054 and the Communqiué
No. 1998/4. (10.06.2010; 10-42; 737-242)