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NEWSLETTER 2011

422

concerning campaign devices, the Board decided that initiating

an investigation was not necessary under the Act no 4054 and the

complaint and request of provisory measure should be rejected.

(24.11.2011, 11-59/1516-541)

• Communiqué on the Increase of the Lower Thresholds for

Administrative Fines Specified in Paragraph 1, Article 16 of the

Act No 4054 on the Protection of Competition, to be valid until

31/12/2012 (Communiqué No: 2012/1) has been published in

the Official Gazette dated 12.12.2011 and numbered 28140. The

Communiqué entered into force on 01.01.2012

• As a result of the examination made upon the request that "Vehicle

Transportation Contract and Its Attachments" signed between Zer

Merkezi Hizmetler ve Ticaret A.Ş. and Ford Otomotiv Sanayi A.Ş.,

and "Vehicle Transportation Agreement and Its Attachments"

signed between Zer Merkezi Hizmetler ve Ticaret A.Ş. and Tofaş

TürkOtomobil Fabrikası A.Ş. on 03.05.2011 be granted exemption,

the Board decided that the said agreements and attachments are

regarded as horizontal cooperation agreements within the scope of

Article 4 of the Act No. 4054; moreover, the said agreements shall

be granted individual exemption as they fulfil all of the conditions

listed in Article 5 of the Act No 4054. (07.12.2011, 11-60/1559-

552 )

• As a result of the examination made upon the claim that TP Petrol

Dağıtım A.Ş. violated the Communiqué No. 2002/2 via the sales

tonnage commitment imposed to the dealer by agreement and

abused its dominant position over the dealer, the Board decided that

the vertical relationship between Kazovalılar Motorlu Araçlar Petrol

Ürünleri Nak. Taah. San. ve Tic. Ltd. Şti. and TP Petrol Dağıtım

A.Ş., which is consisted of the protocol dated 12.09.2007 and

dealership agreement together with usufruct right of the same date

benefits from exemption within the scope of the Block Exemption

Communiqué No. 2002/2 on Vertical Agreements until 12.09.2012

and it is not necessary to open an investigation about TP Petrol

Dağıtım A.Ş. within the framework of the Act No. 4054 and the

complaint shall be dismissed. (07.12.2011, 11-60/1567-558 )