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and strengthens its existing dominant position in the market;
consequently restricts competition in the relevant product market
in Turkey, the Board has decided that it is not necessary to open
an investigation according to the Act No. 4054 and the complaint
shall be dismissed. (22.09.2011, 11-48/1217-430 )
• The decisions of the Board numbered 07-92/1191-461 and 08-
39/507-184 regarding Turkcell İletişim Hizmetleri A.Ş. were
annulled by the decision of the 13th Chamber of the Council of
State dated 18.04.2011 and the said file was reevaluated. As a
result, the incomplete points found in the decision of 13th Chamber
of the Council of State numbered 2008/4519 E., 2011/1655 K. and
2008/13183 E., 2011/1656 Kwere resolved with the decision of the
Competition Board dated 23.12.2009 and numbered 09-60/1490-
379; therefore, the Board has decided that it is not necessary to
take a decision related to the file again. (22.09.2011, 11-48/1219-
432 )
• As a result of the examination made upon the request that the
decision of the Board dated 09.06.2011 which was taken upon the
claim that Turkcell İletişim Hizmetleri A.Ş. distorted competition
by increasing monopoly dependence due to discounts it provide
to its subscribers while buying goods and services from third
parties, be evaluated again, the Board has decided that the request
of NETGSM İletişim ve Bilgi Teknolojileri A.Ş. that the Board
decision be evaluated again shall be rejected. (29.09.2011, 11-
50/1253- 442)
• As a result of the examination made upon the request that
the transaction where a joint venture with the nature of an
incorporated firm will be established by Kantara Havayolları
Hava Taşımacılığı Ltd. Şti., Turkish Airlines and 25 real
and legal persons be authorized, the Board has decided that
1-) the notified transaction is not a merger or an acquisition
according to the Act No. 4054 or the Communiqué No. 2010/4,
2 - The joint venture, which constitutes an agreement restricting
competition under the scope of Article 4 of the Act No 4054, shall
be given individual exemption for 5 (five) years as it fulfills all