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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