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NEWSLETTER 2011

402

down in Article 5 of Communiqué No. 2002/2 or the vertical

relationship be given exemption for ten years as it is related to a

station established on land where there were no liquid fuel sales

activities and with the costs being met by Opet Petrolcülük A.Ş.,

decided that the vertical relationship consisted of the protocol

dated  18.11.2002 between Opet Petrolcülük A.Ş. and  Yayla

Petrol Otomotiv Nakliyat Gıda İnşaat Ticaret Ltd. Şti., whose

partners are the owners, İskender YILMAZ ve Faris YILMAZ, the

related usufruct right dated 22.11.2002, the dealership agreement

dated 02.01.2003 and the lease agreement dated 27.05.2003 was

concluded before 18.09.2005 and as of that date the remaining

term exceeds five years; therefore, it benefited from the exemption

provided byBlock ExemptionCommuniquéNo. 2002/2 onVertical

Agreements until 18.09.2010,  This vertical agreement will be

exempt up to ten years as of 18.11.2002 according to Article 5 of

Act No. 4054 taking into account that the agreement in question is

related to a new oil station built on land where there has not been

any liquid fuel dealership activity before, the investment peculiar

to the station is made by Opet Petrolcülük A.Ş. and on condition

that the parties agree that the dealer may terminate the agreement

by paying the amount of the investment corresponding to the time

left, if any, by Opet Petrolcülük A.Ş. (03.02.2011; 11-07/133-42)

• The Board, as a result of the examination made upon the claims that

Türk Telekomünikasyon A.Ş. has abused its dominant position in

tenders for repair and maintenance of access networks, and certain

undertakings in the tender acted in concert, decided that it is not

necessary to open an investigation according to Act No. 4054, and

the complaint was dismissed. (16.02.2011; 11-09/167-56)

• As a result of the examination conducted in order to determine

whether the private schools operating inTurkey and the associations

of undertakings that are formed by the uniting of these schools

infringed Article 4 of Act No. 4054 through agreements, concerted

practices and the decisions of associations of undertakings in

relation to salary and staff policy, the Board has decided that; 1- the

fact that the foundation schools operating in Istanbul held meetings

in April 2001 and discussed and exchanged information regarding