NEWSLETTER 2011
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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