434 / 469
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it fulfills conditions under Article 5 of the Act. (05.10.2011; 11-
51/1288-453)
• As a result of the examination conducted upon the claim that
Borusan Otomotiv İthalat ve Dağıtım A.Ş. limits competition
by not providing the inspection machinery on BMW brand
devices of which it is the distribütor, and related training to
private services, the Board decided that unless the demand for
technical information, training and equipment of independent
services are met by Borusan Otomotiv İthalat ve Dağıtım A.Ş.,
the exemption stipulated under article 5 of the Block Exemption
Communiqué on Vertical Agreements and Concerted Practices
in the Motor Vehicle Sector Communiqué No: 2005/4 may not
be benefited from, that article 4.16. of the “Authorized Service
Agreement” is in violation of article 6 of the Communiqué No:
2005/4, that no individual exemption shall be granted pursuant
to article 5 of Act No. 4054 for the aforementioned article of the
agreement and its application, that therefore the amendments
made to such application and the relevant article of the agreement
in pursuant to article 9 paragraph 3 of Act No. 4054 in order to
ensure compliance with the Communiqué No: 2005/4 shall be
documented to the Competition Authority in 60 days, and that
otherwise the Presidency shall be appointed to issue an opinion
to Borusan Otomotiv İthalat ve Dağıtım A.Ş. that relevant action
shall be taken against them within the scope of Act No. 4054.
(13.10.2011; 11-52/1309-460)
• The Board decided that the acquisition, by TEB Portföy Yönetimi
A.Ş., of Fortis Portföy Yönetimi A.Ş. together with all of its assets
and liabilities through dissolution without liquidation did not fall
under the scope of Article 7 of the Act no 4054 or the Communiqué
no 2010/4 since the parties were under a single economic entity,
and that the transaction should be granted a certificate of negative
clearance, on the request of the parties, in accordance with article
8 of the Act no 4054. (18.10.2011; 11-53/1360-485)
• As a result of the examination conducted concerning the "Closed
Points of Sales Agreement" signed between Efes Pazarlama