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decision of the Board as to the investigation was announced on
27.06.2011.
• The Board, in its meeting dated 09.06.2011, commenced an
investigation about Oflazlar Dayanıklı Tüketim Malları Tic. San.
Ltd. Şti., Başmısırlı Dayanıklı Tüketim Mamülleri, Tekiş Ticaret,
Çetinkara Dayanıklı Tüketim Malları, Yakut Dayanıklı Tüketim
Malları Yakacak İnşaat Taahhüt ve Turizm San. Tic. Ltd. Şti.,
Ada Dayanıklı Tüketim Malları San. ve Tic. Ltd. Şti., Akkaş
Dayanıklı Tüketim Malları Tekstil İnş. Taah. Yakacak Ürünleri
ve Gıda Maddeleri Tic. San. Ltd. Şti., Özçınar Dayanıklı Tüketim
Malları, Mesa Dayanıklı Tüketim Malları Tekstil İnş. Taah. Nak.
ve Gıda Maddeleri Tic. ve San. Ltd. Şti., Hilal Dayanıklı Tüketim
Mamülleri Tic. ve San. Ltd. Şti. that are engaged in the dealership
of Bosch at the center of the province of Kayseri with a view to
being able to determine whether they infringe article 4 of the Act
No. 4054 by means of applying the same price.
• The Board, as a result of the examination conducted based on
the request that - because the total market share of Aygaz A.Ş.
and its affiliate Mogaz Petrol Gazları A.Ş. in the bottled LPG
market in Turkey would exceed the market share threshold given
under Article 2 of the Communiqué No. 2002/2 following the
acquisition by Aygaz A.Ş. of the dealership contracts of Total Oil
Türkiye A.Ş. related to its LPG distribution business - individual
exemption shall be granted to the dealership contracts signed
between these companies and their dealers, decided that because
the total market share of the dealership agreements signed by
Aygaz A.Ş., Mogaz A.Ş., and Total Oil Türkiye A.Ş. with bottled
LPG dealers in the relevant product market would exceed the 40%
threshold following the proposed acquisition, they are not within
the scope of the Communiqué No. 2002/2; individual exemption
shall be granted to the dealership contracts signed between Total
Oil A.Ş. and bottled LPG dealers on condition that the provision
under Article 6 thereof that imposes non-compete obligation to
third parties is abolished and that the provision under Article 30
thereof that relates to duration is arranged whereby it expresses
that it will not exceed 5 years. (14.07.2011; 11-43/925-294)