413 / 469
LEGAL DEVELOPMENTS
399
and Communiqué No. 2010/4 and thus in significant lessening of
competition. (06.01.2011 11-02/4-2)
• The Board decided that the acquisition, by Maersk Spain S.L.U.,
of 99.99% of the shares of Maersk Denizcilik A.Ş. held by Maersk
A/S did not fall under the scope of Article 7 of Act no 4054 and
Communiqué no 2010/4, since the parties to the transaction were
parts of the same economic entity. (06.01.2011 11-02/14-7)
• As a result of the examination conducted based on the claim that
competition was restricted due to the fact that the “F Kasko”
product, launched by Güneş Sigorta A.Ş. following an agreement
with Ford Otomotiv Sanayi A.Ş., was sold only through the
authorized services of Ford Otomotiv Sanayi A.Ş., as well as the
fact that discounts were provided to those buying the insurance
at the Ford Otomotiv Sanayi A.Ş. authorized services, the Board
decided that no investigation was necessary under Act no 4054 and
that the complaint should be rejected. (12.01.2011 11-03/35-8)
• As a result of the examination conducted based on the claim that
school buses operating within Kayseri province violated Act no
4054 by allocating markets and maintaining prices in collusion,
the Board decided that; the School Allocation Model, which was
prepared and implemented through the leadership of Kayseri
Minibüsçüler ve Servis İşletmecileri Esnaf Odası constituted
an anti-competitive association of undertakings under Article
4 of Act no 4054 and that the agreements signed between these
undertakings were anti-competitive agreements under Article 4 of
Act no 4054, that an exemption under Article 5 of Act no 4054 could
not be granted to the decision of the association of undertakings,
titled School Allocation Model or to the agreements between the
undertakings, and within this framework, in order to terminate the
relevant infringements, an opinion should be rendered to Kayseri
Minibüsçüler ve Servis İşletmecileri Esnaf Odası and to the
Kayseri Provincial Directorate for National Education concerning
the establishment of a sustainable competitive environment within
the relevant market. The issues to be in the opinions are also
determined in this decision. (19.01.2011 11-04/56-21)