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• As a result of the examination conducted based on the claim that
the undertakings operating the Nemport and TCE Ege Ports did
not want to let undertakings which provide the same services with
the contracted companies, the Board decided that Nemport Liman
İşl. & Özel Antrepo Nakliye Tic. A.Ş. and TCE EGE Konteyner
Terminal İşletmeleri A.Ş. did not hold dominant positions within
the container services market, that therefore the claims mentioned
above could not be assessed under Article 6 of Act no 4054, that
the contract signed between Nemport Liman İşl. & Özel Antrepo
Nakliye Tic. A.Ş. and Selmarin Denizcilik Nakliye Turizm Ticaret
ve Sanayi Ltd. Şti. could benefit from the exemption under the
Block ExemptionCommuniqué onVertical Agreements no 2002/2,
provided that the non-competition obligation of the contract did
not exceed 5 years, that no investigation was necessary under
Act no 4054 concerning the relevant undertakings, and that the
complaint should be rejected. (19.01.2011 11-04/55-20)
• As a result of the re-evaluation conducted following the
annulment, from the point of the plaintiff, of the Board decision
dated 26.07.2007 on undertakings operating within the chemical
fertilizers sector by the 13th Chamber of the Council of State
on 30.11.2010, the Board decided as follows: 1. Toros Gübre
ve Kimya Endüstrisi A.Ş. (Toros Tarım San. Tic. A.Ş.) violated
Article 4 of Act no 4054 by maintaining fertilizer sale prices in
collusion with competing producers, by allocating certain regions
and the amounts supplied to these regions in collusion with other
undertakings between 1996 and 1999 in the mass procurement
tenders initiated by Tarım Kredi Kooperatifleri Merkez Birliği
(Central Agricultural Cooperative Credit Association¬TKKMB)
and Türkiye Şeker Fabrikaları A.Ş., by not participating in the
TKKMB’s fall 1999 tender in collusion with other undertakings,
and by making agreements with other producers in 1998 in order
to complicate the operations of the competing importers, b) Toros
Tarım San. Tic. A.Ş. (Toros Gübre ve Kimya Endüstrisi A.Ş.)
should be levied an administrative fine of TL 2,445,956.16, in
consideration of Article 16 of Act no 4054 as amended by Act no
5728 dated 23.1.2008 and numbered 5728, 2. Toros Tarım San.