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Efes Pazarlama ve DağıtımA.Ş. with their customers the Board
decided that 1. Efes Pazarlama ve Dağıtım A.Ş.’s agreements
titled Open Points of Sales Agreement (Standard Agreement-
limited duration), Open Points of Sales Agreement (Standard
Agreement-with quantity commitments) and Open Points of
Sales Agreement (Hotel Agreement) should be granted certifi-
cates of negative clearance since these agreements did not
include regulations falling under article 4, 6 and 7 of the Act no
4054; 2. The Open Points of Sales Agreement (for Customers
signing a Central Agreement) was compliant with the provi-
sions of the Board decision, dated 10.04.2008 and numbered
08-28/321-105 and therefore benefited from the exemption
granted by this decision; 3. However, the provisions of articles
12 and 13 of the Open Points of Sales Agreement (Concept
Point-limited duration) and Open Points of Sales Agreement
(Concept Point-with quantity commitments) respectively were
in violation of the Board decision dated 22.04.2005 and num-
bered 05-27/317-80; 4. Therefore, provided that these articles
are revised in accordance with the Board decision 22.04.2005
and numbered 05-27/317-80 in a way that would not lead to de
facto exclusivity, a certificate of negative clearance could be
granted since they would not include any regulations which
might fall under articles 4, 6 and 7 of the Act no 4054.
(23.05.2012, 12-27/796-224)
• The Board, as a result of the examination conducted in response
to the claim that the Act no 4054 and the Communiqué no
2002/2 were violated by Total Oil Türkiye A.Ş. its refusal to
erase the usufruct rights established in its favor, decided that the
vertical relationship established between Total Oil Türkiye A.Ş.
and Şirvan Petrol Ür. San. Tic. Ltd. Şti. with the dealership con-
tract dated 26.10.2000 and the grant of usufruct rights for 15
years on 03.11.2000 was not interrupted with the contracts
dated 29.03.2010 and 12.05.2010, the aforementioned vertical
agreement benefited from the block exemption under the
Communiqué no 2002/2 until 18.09.2010, since it was conclud-
ed before 18.09.2005, therefore, under paragraph 3, article 9 of
the Act no 4054, the Presidency should be charged with render-
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