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NEWSLETTER 2011
424
Important Legislation and Decisions regarding Mergers and
Acquisitions
• The Competition Board (the “Board”) decided that acquisition
of 50% of the shares of Baymak Makina Sanayi ve Ticaret Ltd.
Şti. by the partner of the company, Baxi Holding GmbH, has
been authorized as the transaction would not result in creating a
dominant position, or strengthening an existing dominant position
as specified in Article 7 of Act No. 4054 and in Communiqué
No. 1997/1, and thus in decreasing competition. (09.02.2011; 11-
08/149-4)
• The Board decided that acquisition of all of the shares of Filmed
Tıbbi Cihazlar Pazarlama ve Tic. A.Ş. by FUJIFILM Europe
GmbH, FUJIFILM Europe B.V., FUJIFILM Holdings France
SAS, FUJIFILM UK Ltd. and FUJIFILM Italia S.p.A. is under the
scope of Article 7 of Act No. 4054 and Communiqué No. 2010/4
and is authorized since it would not result in creating a dominant
position, or strengthening the existing dominant position as
specified in the said Article. (16.02.2011; 11-09/165-54)
• The Board decided that acquisition of nine offices rented by
Greens Alışveriş Hizmetleri Ltd. Şti. by Migros Ticaret A.Ş. via
leasing has been authorized as the transaction would not result
in creating a dominant position, or strengthening the existing
dominant position as specified in Article 7 of Act No. 4054 and
in Communiqué No. 1997/1, and thus in decreasing competition.
(23.02.2011; 11-10/186-62)
• The Board decided that the transfer of 13,958,998 of the shares
owned by STFA and held in Energaz Gaz Elektrik Su Dağıtım
A.Ş., to Enerji Yatırım Holding A.Ş., and the transfer of 1 share
owned by STFA to Global Yatırım Holding A.Ş. are not within the
scope of Article 7 of Act No. 4054 and Communiqué No. 2010/4,
due to the fact that no change in control occurs. (03.03.2011, 11-
12/222-72 )
• The Board decided that the acquisition of Cine 5 TV Ticari ve
İktisadi Bütünlüğü by Al Jazeera Turk Yayıncılık Hizmetleri A.Ş.,
as a result of the sales tender opened by the SDIF, is within the