461 / 516
• As a result of the examination made in response to the claim
that Toyota Pazarlama ve Satış A.Ş. has violated the Act no
4054 and Block Exemption Communiqué no 2005/4 on Vertical
Agreements and Concerted Practices in the Motor Vehicle
Sector, the Board decided that it was not necessary to open an
investigation. (06.04.2012, 12-17/459-134).
• The Final Decision on the Investigation Regarding Certain
Undertakings Operating in the Cement Sector is announced on
12.04.2012. As a result of the investigation, the Board has
decided, by majority of the votes, that the relevant enterprises
has violated article 4 of the Law no. 4054. Within this scope, the
Board decided, by majority of the votes, (i) to impose adminis-
trative fines, which amount to, by discretion, 2% of the annual
gross revenue which generated at the end of the fiscal year 2011
as follows: TRY 4.959.857,04 to Adana Çimento Sanayii
T.A.Ş., TRY 3.376.238,67 to Çimko Çimento ve Beton Sanayi
Ticaret A.Ş., TRY 7.758.016,08 to Çimsa Çimento Sanayi ve
Ticaret A.Ş., TRY 1.120.842,98 to Kars Çimento Sanayi ve
Ticaret A.Ş., TRY 2.957.990,69 to KÇS Kahramanmaraş
Çimento Beton Sanayi ve Madencilik İşletmeleri, TRY
2.502.165,95 to Mardin Çimento Sanayii ve Ticaret A.Ş.; (ii) to
impose administrative fines, which amount to, by discretion,
3% of the annual gross revenue which generated at the end of
the fiscal year 2011 as follows: TRY 10.745.776,24 to Aşkale
Çimento San. T.A.Ş., TRY 2.902.958,76 to Elazığ Altınova
Çimento San. Ticaret A.Ş., TRY 10.283.220,47 to Limak
Çimento Sanayi ve Ticaret A.Ş., TRY 2.557.954,55 to Yurt
Çimento Sanayi ve Ticaret A.Ş. (06.04.2012, 12-17/499-140)
• The Board granted negative clearance certificate to information
exchange among Heavy Commercial Vehicles Association
(TAID) members by entering data about monthly sales of TAID
members to online database on TAID’s website. (12.04.2012,
12-20/518-154 )
• The Board granted negative clearance certificate to the “Wet-
lease” airplane leasing agreement to be signed between Türk
Hava Yolları A.O. and Güneş Ekspress Havacılık A.Ş.
(12.04.2012, 12-20/517-153)
LEGAL DEVELOPMENTS
447