472 / 516
Industry Inventory, Raw Material Cost Index, ACEA and OICA
reports, civilian consumption data for petroleum products, the
length of road surface information and tax rates for motor vehi-
cles published in the Official Gazette, - monthly sharing of
capacities and capacity usage rates under the headings of light
commercial vehicles, (automobiles, pick-ups and minibuses),
trucks, motor coaches, midibuses and tractors, - sharing of fac-
tory sales and external sales numbers as well as production data
that will be included in the News and Media Bulletin without
specifying firms and models under the heading of light com-
mercial vehicles, (automobiles, pick-ups and minibuses),
trucks, motor coaches, midibuses and tractors. 3. On the other
hand, information exchange among undertakings concerning
monthly production numbers on the basis of each sub model,
the payments made for raw materials and to subsidiary indus-
tries as well as concerning the taxes and wages may include
information that could be classified as commercial secret and
may lead to coordination between undertakings; therefore a cer-
tificate of negative clearance should not be granted for such
exchanges under article 8 of the Act no 4054. 4. Since condi-
tions listed in article 5 of the Act no 4054 were not fulfilled, an
exemption should not be granted for a. the sharing of produc-
tion data on the basis of firms and models, b. the sharing of the
payments made by automotive industry firms to subsidiary
industries and raw materials as well as of the taxes and wages
paid on the basis of firms. (20.09.2012, 12-44/1350-455)
• The Board completed the investigation initiated in response to
the application claiming that UN Ro-Ro İşletmeleri A.Ş. (UN
Ro Ro) violated the Act no 4054 by engaging in exclusionary
practices against UND Deniz Taşımacılığı A.Ş. (UND Deniz) in
the ro-ro transportation services provided in the ro-ro lines
between Turkey and Europe. The Board, as a result of the dis-
cussion of the file at the Board meeting of 01.10.2012, decided
that UN Ro Ro’s denial of UND Deniz’s participation in the
aforementioned ticket identification and service provision sys-
tem did not constitute an abuse of dominant position under arti-
cle 6 of the Act no 4054. However, the Board concluded that the
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NEWSLETTER 2012