LEGAL DEVELOPMENTS
417
• As a result of the examinationmade upon the request that dealership
agreement between Petrol Ofisi A.Ş. and Han-Pet Petrol San. ve
Tic. Ltd. Şti. be granted negative clearance certificate or individual
exemption or deemed as being under the scope of the Communiqué
No. 2002/2, the Board has decided that; 1- The vertical agreement
consisted of the dealership agreement between Petrol Ofisi A.Ş.
and Han-Pet Petrol San. ve Tic. Ltd. Şti. dated 16.10.2006 and the
15-year usufruct right dated 21.02.2007 given in favor of Petrol
Ofisi A.Ş. cannot be granted negative clearance certificate, 2- The
said agreement is under the scope of block exemption granted by
the Communiqué No. 2002/2 as of 16.10.2006 for five years, 3-
The requirements listed in Article 5 of the Act no. 4054 are not
fulfilled as the station related to the notified agreement is not a
new station established on land/field where a liquid fuel dealer
has not operated before; therefore, the request that the vertical
agreement between Petrol Ofisi A.Ş. and Han-Pet Petrol San. ve
Tic. Ltd. Şti. be granted exemption longer than the five-year block
exemption term provided in the Communiqué No. 2002/2 shall be
rejected. (22.09.2011, 11-48/1214-427 )
• As a result of the examination made upon the request that the
process where certain information in the liquid fuel and LPG
market will be collected weekly or monthly by Petroleum Industry
Association or an agreed independent research institute and will
be compiled by Petroleum Industry Association as statistical
data and shared with the public together with comments be given
negative clearance or exemption, the Board has decided that the
procedure notified where certain information in the liquid fuel and
automobile LPG market will be collected weekly or monthly and
compiled by Petroleum Industry Association as statistical data
and shared with the public together with comments shall be given
negative clearance certificate within the scope of Article 8 of the
Act No. 4054 provided that data will be collected and compiled by
independent institution(s). (22.09.2011, 11-48/1215-428 )
• As a result of the examination made upon the claim that
GlaxoSmithKline İlaçları A.Ş. does not launch the product called
"SERETIDE MDİ" in Turkey and by this way indirectly maintains