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•
Divestiture
:
TheCBgavenumerous decisions on thebasis of divestiture
remedies. Indeed, in its
Roche
decision in 2003, the CB authorized an
operation of a concentration on the condition that one of the parties
divests its feed enzyme business. This decision does not include any
limitation as to area
2
. Following this decision, in the
Syngenta
decision
of 2004, the CB authorized the operation of a concentration on the
condition that one of the parties divests its sunflower seed business in
a designated area
3
. Recently, in its
Vatan Gazetesi
(Vatan Newspaper)
decision rendered in 2008, the CB authorized the operation of a
concentration because of two-year divesture commitments
4
.
•
Transfer of License
:
The CB gave three decisions related to this
subject. In the
Glaxo Wellcome
decision of 2000, the CB authorized
the merger of two drug companies on the condition that certain
drug brands in Turkey are transferred to third parties
5
. Following
this decision, the CB authorized, in its
Nazar trademarks
decision
of 2007, the operation of a concentration of two chewing gum
companies because of commitments to complete two successive
transfers of a brand
6
. Finally the CB authorized in 2008 the
operation of a concentration of two margarine companies based on
commitments to transfer certain commercial brands
7
.
Behavioral remedies set forth in CB’s decisions are as follows:
•
Limitation of the entrance and exit of designated brands during
certain periods:
The CB, in its
P&G
decision, authorized the
operation of a concentration of two toothpaste companies with such
remedies to be applied within the European Economic Area
8
.
•
Suspension of flights:
The CB in its
Lufthansa
decision granted
individual exemption to the operation of a concentration of two
airlines on the condition that they suspend some of their flights
9
.
2 Decision DSM N.V – Roche Holding AG, 11.09.2003, 03-60/730-342.
3 Decision Syngenta Crop Protecton AG – Astazenece Holdings B.V – Koninklijke Venderhave
Groep B.V., 29.07.2004, 04-49/673-171.
4 Decision Doğan Gazetecilik / Vatan Gazetesi,10.03.2008, 08-23/237-75.
5 Decision Glaxo Wellcome / SmithKline, 03.08.2000, 00-29/308-175.
6 Decision
Greencastle DRinks Limited – Jak AMRAM – Leon AMRAM – Filip AMRAM – Lolita
AMRAM,
23.08.
2007, 07-67/836-314
.
7 Decision Marmara Gıda / GıdaSa, 07.02.2008, 08-12/130-46.
8 Decision P&G, 08.09.2005, 05-55/836-228.
9 Decision Deutsche Lufthansa AG – Condor Flugdienst GmbH, 11.04.
2007, 07-31/323-119
.