415 / 469
LEGAL DEVELOPMENTS
401
Tic. A.Ş. (Toros Gübre ve Kimya Endüstrisi A.Ş.), Bagfaş and Ege
Gübre’s announcement that they stopped fertilizer sales in response
to the Decree issued on 28.2.2000 and their ordering the dealers
to stop sales following this date did not aim to prevent competition
and did not lead to such an effect; thus, it did not constitute a
violation, 3. Standard Sales Specifications, prepared by fertilizer
producers to be presented to TKKMB and other organizations
initiating mass fertilizer procurement tenders, did not constitute
a violation with the nature of an agreement or a decision of an
association of undertakings, 4. There was not sufficient evidence
to suggest that the provisions of the agreement of 15.10.1996,
which stipulate that organizations must refrain from granting
dealerships to the dealers of other organizations, must not engage
in FOT sales, must establish a joint monitoring group to supervise
dealers, and must refrain from granting premiums or discounts to
dealers under any name, were implemented, 5. Fertilizer producing
undertakings should terminate these infringements of competition
and the undertakings should not engage in practices that could
lead to competition coordination through information exchange,
etc. among themselves or via the Fertilizer Producers Association,
6. Since the obligation to notify agreements under Act no 4054
was repealed by Article 2 of Act no 5388, it was not necessary to
come to a decision concerning the said undertaking or any real
persons serving in the management bodies of the undertaking.
(19.01.2011 11-04/64-26)
• As a result of the examination conducted based on the claim that
Turkcell İletişim Hizmetleri A.Ş. complicated the operations
of Türk Telekomünikasyon A.Ş. through its practices in the
distribution system, as well as its anti-competitive and exclusionary
practices in the voice transmission market, the Board decided that
no investigation was necessary under Act no 4054. (27.01.2011
11-06/90-32)
• The Board, as a result of the investigation made upon the request
that a decision be taken stating that the agreement between Opet
Petrolcülük A.Ş. and Mavi Beyaz Akaryakıt İnş. Petrol Paz.
San. ve Tic. A.Ş. benefits from the exception provision laid