e-book2011

LEGAL DEVELOPMENTS

411

• As a result of the examination performed upon the claim that

Turkcell İletişim Hizmetleri A.Ş. (Turkcell Communications

Services Inc.) distorted competition by increasing monopoly

dependence through discounts ensured by it for its subscribers

during purchases of goods and services from third persons or firms,

the Board decided that opening an investigation in accordance

with the Act No. 4054 was not required, that the complaint be

rejected. (09.06.2011, 11-36/756-233 )

• As a result of the examination performedwith a view to determining

whether Traçim Çimento San. ve Tic. A.Ş., Nuh Çimento San.

A.Ş., Çimentaş İzmir Çimento Fabrikası Türk A.Ş., Limak Batı

Anadolu San. ve Tic. A.Ş., Aslan Çimento A.Ş. and Akçansa

Çimento San. ve Tic. A.Ş. operating in the cement sector in the

province of Istanbul infringed the Act No. 4054, the Board decided

that opening an investigation was not required. (16.06.2011, 11-

37/779-245 )

• The Board has decided to grant an individual exemption within

the framework of article 5 of the Act No. 4054 to the “Partnership

Contract” signed between Air France KLM S.A and Alitalia-

Compagnia Aera Italiana S.p.A on 12.01.2009, the “Cargo

Contract” signed between Alitalia-Compagnia Aera Italiana

S.p.A, Société Air France and KLM on 22.06.2010, and to the

“Transatlantic Joint Venture Contract” signed between Alitalia-

Compagnia Aera Italiana S.p.A, Air France KLM S.A and Delta

on (05.07.2010, 16.06.2011, 11-37/768-236 )

• The Board completed the investigation conducted about Anadolu

Elektronik Aletler Paz. ve Tic. A.Ş. and Samsung Electronics

Istanbul Paz. ve Tic. Ltd. Şti. in accordance with its decision dated

17.05.2011. As a result of the investigation made with a view to

determining whether the undertakings cited infringed the Act No.

4054 by means of determining the resale price of their purchasers,

the Board decided to an administrative fine of TL 1,066,669.72 be

imposed on Anadolu Elektronik Aletler Paz. ve Tic. A.Ş. and that

Samsung Electronics Istanbul Paz. ve Tic. Ltd. Şti. did not infringe

competition within the scope of article 4 of the Act No. 4054. The