LEGAL DEVELOPMENTS
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scope of Article 7 of Act No. 4054 and Communiqué No. 1998/4.
However, the acquisition is not subject to authorization since the
turnover thresholds provided in the said Communiqué are not
exceeded. (03.03.2011, 11-12/218-71 )
• The Board decided that the acquisition of Erdemir Çelbor Çelik
Çekme Boru Sanayi ve Ticaret A.Ş., with all of its assets and
liabilities, by Erdemir Çelik Servis Merkezi Sanayi ve Ticaret
A.Ş., is not within the scope of Article 7 of Act No. 4054 and
Communiqué No. 2010/4 since the parties are within the same
economic entity. (10.03.2011, 11-15/252-81 )
• The Board authorized the establishment of a joint venture between
Türk Hava Yolları Teknik A.Ş. and Zorlu O/M Enerji Tesisleri
İşletme ve Bakım Hizmetleri A.Ş. since it would not result in the
creation or strengthening of a dominant position as described under
Article 7 of Act No. 4054 and the Communiqué No. 2010/4 and thus
in significant lessening of competition. (17.03.2011, 11-16/295-95)
• The Board authorized the transfer of all of the shares of Set Group
Holding A.Ş. to Limak Anadolu Çimento İnşaat Malzemeleri
San. ve Tic. A.Ş. since it would not result in the creation or
strengthening of a dominant position as described under Article
7 of Act No. 4054 and the Communiqué No. 2010/4 and thus in
significant lessening of competition. (17.03.2011, 11-16/300-96 )
• The Board decided that the acquisition of 95% of the shares of
Süd-Chemie AG by Clariant AG fell under the scope of Article
7 of the Act no 4054 and the Communique no 201/4; but that
was not subject to authorization since no market was affected as a
result of the transaction. (07.04.2011, 11-22/401-128)
• The Board decided that the acquisition of the shares of INGMenkul
Değerler A.Ş. by ING Bank A.Ş. did not fall under article 7 of
the Act no 4054 or under the Communiqué no 2010/4, since the
undertakings were parts of the same economic entity and therefore
there was no change in control. (07.04.2011, 11-22/390-123)
• The joint venture transaction planned between Türk Hava Yolları
A.O., Türk Hava Yolları Teknik A.Ş. and TUSAŞ-Türk Havacılık