458 / 516
Important Legislation and Decisions regarding Competition
• The Competition Board (“Board”) decided in response to the
claim that Miele Elektrikli Ev Aletleri Dış Tic. ve Paz. Ltd. Şti.
maintained the resale prices for Miele branded products sold
and marketed in Turkey, it was decided UNANIMOUSLY that
initiating an investigation concerning the claim under article 41
of the Act no 4054 was not necessary and the complaint was
rejected. (29.12.2011, 11-64/1660-590)
• The Board decided as a result of the examination conducted in
response to the request for the grant of a certificate of negative
clearance/exemption to the “Supplemental Agreement to the
Yapı Kredi-Anadolubank World Credit Card Program
Cooperation Agreement dated 30.06.2008”, signed between
Yapı ve Kredi Bankası A.Ş. and Anadolubank A.Ş. on
13.12.2011, that (a) a certificate of negative clearance could not
be granted to the “Supplemental Agreement to the Yapı Kredi-
Anadolubank World Credit Card Program Cooperation
Agreement dated 30.06.2008”, signed between Yapı ve Kredi
Bankası A.Ş. and Anadolubank A.Ş. on 13.12.2011, (b) the
Agreement in question could not benefit from block exemption
under the Block Exemption Communiqué on Vertical
Agreements no 2002/2 since Yapı ve Kredi Bankası A.Ş. and
Anadolubank A.Ş. were competing undertakings, and (c) as a
result of the assessment conducted within the framework of
article 5 of the Act no 4054, an exemption under paragraph two
of the aforementioned article should be granted to the
Agreement in question since the conditions listed in paragraph
one were fulfilled. (12.01.2012, 12-01/10-7)
• The Board decided as a result of the examination conducted in
response to the request for the authorization under article 7 of
the Act no 4054, or in case it is decided that an authorization is
not necessary, for the grant of a certificate of negative clearance
under article 8 of the same act to the sum of transactions con-
sisting of the formation of a new joint-stock company by United
Arab Shipping Company, United Arab Shipping Company
Services DMCCO, Aratrans Transport and Logistics Service
444
NEWSLETTER 2012