437 / 469
LEGAL DEVELOPMENTS
423
• As a result of the examination made upon the claim that BP
Petrolleri A.Ş. violated the Act No. 4054 and the Communiqué
No. 2002/2 by its vertical agreements and various practices, the
Board decided that the license of the liquid fuel station on the
immovable that is the subject of the complaint was annulled by the
Energy Market Regulatory Authority and as a consequence, the
agreement between the parties ended; the vertical relationship that
is the subject of the application benefits from block exemption
within the scope of the Communiqué No. 2002/2 and it was found
that BP Petrolleri A.Ş. sent mandates to the parties for cancelling
the usufruct; therefore, it is not necessary to make any proceedings
about BP Petrolleri A.Ş. (07.12.2011, 11-60/1569-560 )
• As a result of the examination made upon the claim that Düze
Denizli Chamber of Tradesmen for Shuttle Bus Operators obtained
a document called "Commitment" and a bond of TL 20000 from
its members, rigged bids in tenders and restricted competition, the
Board decided that; preventing work opportunities and creating a
pool by Denizli Chamber of Tradesmen for Shuttle Bus Operators
under the maximum fee tariff were deemed as decisions of
associations of undertakings infringing competition according to
Article 4 of the Act No. 4054, however, taking into account the facts
that the said Chamber provided evidence related to the practices in
question, the practices were recent and there was a decision that
2011-2012 school year was accepted as a transition period and
noncompliance with the practices constituting an infringement
was possible for the members, it was not necessary to open an
investigation according to the Act No. 4054. Moreover, an opinion
would be sent to Denizli Chamber of Tradesmen for Shuttle Bus
Operators, pursuant to Article 9 of the Act No. 4054, stating that it
should terminate the practices in questions otherwise proceedings
would be initiated according to the same Act. (21.12.2011, 11-
62/1636-573)