466 / 516
ing opinion to the relevant undertakings, stating that they
should terminate the vertical agreement existing between the
parties within 60 (sixty) days following the notification of the
decision, and that otherwise proceeding would be started under
the Act no 4054. (06.06.2012; 12-30/877-261)
• The Board, as a result of the examination conducted in response
to the claim that Turkcell İletişim Hizmetleri A.Ş. did not com-
ply with the obligations introduced by the Board decision dated
06.06.2011 and numbered 11-34/742-230 and tried to make the
Blue Point stores completely exclusive with the so-called
Turkcell Communication Center-2 restructuring, to the request
for the determination of whether the Act no 4054 would be vio-
lated with the planned increase in the number of the points of
sales with which Turkcell İletişim Hizmetleri A.Ş. signed the
“Turkcell Extra Agreement,” which was granted exemption
with the Board decision dated 09.07.2008 and numbered 08-
44/603-230, to the claims that the increases in the wholesale
prices of prepaid minutes implemented by GSM operators, lead
among them Turkcell İletişim Hizmetleri A.Ş., lowered the
profit margins of retailers and that prepaid cards could not be
purchased from Turkcell Distribution Centers (TDMs) other
than those specified by Turkcell İletişim Hizmetleri A.Ş., decid-
ed that regarding the claims comprising the subject of the appli-
cation dated 22.11.2011 and numbered 7989, initiating pro-
ceedings concerning Turkcell İletişim Hizmetleri A.Ş. and the
undertakings in the distribution network of Turkcell İletişim
Hizmetleri A.Ş. was not necessary; regarding the claims com-
prising the subject of the application dated 24.01.2012 and
numbered 709, in accordance with article 41 of the Act no 4054,
the complaint should be rejected and an investigation should
not be initiated concerning Turkcell İletişim Hizmetleri A.Ş.
and the undertakings in the distribution network of Turkcell
İletişim Hizmetleri A.Ş., there was no information, evidence or
findings to suggest that Turkcell’s addition of 505 final points
of service/sales to the 1100 final points of service/sales with the
TİM status constituted an abuse under article 6 of the Act no
4054 with the current conditions, that the “Turkcell Extra
452
NEWSLETTER 2012