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Agreement” fulfilled the conditions listed in article 5 of the Act

no 4054 in case Turkcell planned to add 505 final points of ser-

vice/sales to the 1100 final points of service/sales with the TİM

status. (14.06.2012; 12-33/922-281)

• As a result of the examination conducted in response to the

request for the grant of an exemption to the pricing policy to be

implemented by Shell&Turcas Petrol A.Ş. for its dealers on the

basis of stations (regions), the Board decided that in considera-

tion of the Act no 5015 and its secondary legislation, an assess-

ment under articles 5 and 8 of the Act no 4054 was not neces-

sary concerning the notified practice. (04.07.2012, 12-36/1070-

335)

• As a result of the examination conducted in response to the

claim that undertakings operating in the liquid fuel distribution

sector violated article 4 of the Act no 4054 by engaging in par-

allel pricing and information exchange, the Board decided that

the complaint should be rejected and an investigation should

not be initiated. (04.07.2012, 12-36/1040-328)

• As a result of the examination conducted in response to the

request for the grant of a certificate of negative

clearance/exemption to the Paracard Program Sharing

Agreement, signed on 29.12.2011 between Türkiye Garanti

Bankası A.Ş. and Denizbank A.Ş., the Board decided that a cer-

tificate of negative clearance could not be issued under article 8

of the Act no 4054 for the Paracard Program Sharing

Agreement, signed on 29.12.2011 between Türkiye Garanti

Bankası A.Ş. and Denizbank A.Ş., since the undertakings par-

ties to the Paracard Program Sharing Agreement were compet-

ing undertakings, the aforementioned agreement could not ben-

efit from block exemption under the Block Exemption

Communiqué on Vertical Agreements, no 2002/2, however, an

individual exemption should be granted to the notified agree-

ments since if fulfilled all of the conditions listed in article 5 of

the Act no 4054. (18.07.2012, 12-38/1097-355)

• As a result of the examination conducted in response to the

claim that individual pension insurance companies implement-

LEGAL DEVELOPMENTS

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