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NEWSLETTER 2011
408
• The Board, as a result of the examination made upon the claim
that Opet Petrolcülük A.Ş. violated the Act No. 4054 and the
Communiqué No. 2002/2 by its vertical agreements and various
practices, decided that regarding the application by Ali Rıza
Onat, it is not necessary to make any proceedings according to the
Act No. 4054 because an agreement was made again with Opet
Petrolcülük A.Ş. and the application was withdrawn,regarding the
application by Feriha Doyuran, vertical agreements between the
parties are out of the scope of block exemption provided by the
Communiqué No. 2002/2 as they extended the date 18.09.2010,
therefore, under Article 9(3) of the Act No. 4054, the Presidency
shall be assigned to send an opinion to the parties, stating that
they must harmonize the said agreements with the Act No. 4054 in
30 days as of the notification of the reasoned decision; otherwise
proceedings shall be initiated according to the Act No. 4054, and
that is not possible to take the date when the station started to
operate as a basis for the calculation of the block exemption period
for the vertical agreement. (04.05.2011; 11-28/558-171)
• The Board, as a result of the examination made upon the claim
that Lukoil Eurasia Petrol A.Ş. violated the Act No. 4054 and the
Communiqué No. 2002/2 by its vertical agreements and various
practices, regarding the application by Göl İnşaat Petrol Elektronik
Otomotiv San. ve Tic. Ltd. Şti., vertical agreements between the
parties are out of the scope of block exemption provided by the
Communiqué No. 2002/2 as they extended the date 18.09.2010,
therefore, under Article 9(3) of the Act No. 4054, the Presidency shall
be assigned to send an opinion to the parties, stating that they must
harmonize the said agreements with the Act No. 4054 in 30 days as
of the notification of the reasoned decision; otherwise proceedings
shall be initiated according to the Act No. 4054, regarding the
application by Batınak Transit Taşımacılık Petrol ve Turizm Tic.
Ltd. Şti., the said vertical agreement benefits from the exception
provision laid down Article 5 of the Communiqué No. 2002/2 and
the complaint shall be dismissed. (04.05.2011; 11-28/565-178)
• The Board, as a result of the examination made upon the request
that the "Agency Contract for Non-life Insurance" signed between