473 / 516
relevant undertaking foreclosed the market to its competitor by
implementing predatory pricing in the Pendik-Marseilles ro-ro
line and also complicated the operations of its competitor with
certain practices in addition to pricing, that these constituted
abuses of dominant position under article 6 of the Act no 4054;
consequently an administrative fine of TL 841,199.70 imposed
on UN Ro Ro. (01.10.2012; 12-47/1413-474)
• The Board, as a result of the examination conducted in response
to the request for the renewal of the five-year individual exemp-
tion granted with the Board decision dated 17.04.2008 and
numbered 08-29/352-113 to the “Exclusive Tender Warehouse
Contract” signed between Roche Müstahzarları Sanayi A. Ş.
and Sistem Sağlık Araç ve Gereçleri Ecza Deposu Tic. Paz. Ltd.
Şti., decided that the “Exclusive Tender Warehouse Contract”
signed between Roche Müstahzarları Sanayi A. Ş. and Sistem
Sağlık Araç ve Gereçleri Ecza Deposu Tic. Paz. Ltd. Şti. could
not benefit from the block exemption granted by the “Block
Exemption Communiqué on Vertical Agreements, No: 2002/2,”
since the threshold specified in article 2 of the aforementioned
Communiqué are exceeded, however, an individual exemption
should be granted to the relevant contract since if fulfilled all of
the conditions listed in article 5 of the Act no 4054.
(17.10.2012; 12-51/1448-495)
• As a result of the examination conducted in response to the
request for the grant of a certificate of negative clearance or
exemption to the “THY Frequent Flyer Program Miles&Smiles
Credit Card Cooperation Agreement,” the Board decided that a
certificate of negative clearance could not be granted since there
were provisions in violation of Article 4 of the Act no. 4054
within the “THY Frequent Flyer Program Miles&Smiles Credit
Card Cooperation Agreement” signed between Türk
Havayolları A.O. and Türkiye Garanti Bankası A.Ş.; however, a
5-year individual exemption could be granted to the aforemen-
tioned agreement within the framework of Article 5 of the Act
no. 4054. (01.11.2012,12-53/1511-529)
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