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Important Publications and Decisions regarding Privatization

• Decision of the Privatization Board dated 04.01.2012 and num-

bered 2012/01 regarding amendment on the master zoning plan

of the Izmir Port was published in the Official Gazette dated

07.01.2012 and numbered 28166.

• Decision of the Privatization Board dated 09.01.2012 and num-

bered 2012/02 regarding privatization of Doğusan Boru Sanayii

ve Ticaret A.Ş. was published in the Official Gazette dated

10.01.2012 and numbered 28169.

• The Board decided as a result of the assessment conducted in

response to the request for the authorization of the privatization

of Kastamonu, Çorum, Çarşamba, Kırşehir, Turhal and Yozgat

sugar refineries (Portfolio C), owned by Türkiye Şeker

Fabrikaları A.Ş., via the “asset sales” method as a whole that,

(a) the acquisition, by the bidders Ak-Can Şeker San. ve Tic.

A.Ş. or Safi Şeker Gıda San. ve Tic. A.Ş. or Kolin-Limak Ortak

Girişim Grubu or Torunlar Gıda San. ve Tic. A.Ş., of the shares

of the Kastamonu, Çorum, Çarşamba, Kırşehir, Turhal and

Yozgat sugar refineries (Portfolio C), owned by Türkiye Şeker

Fabrikaları A.Ş., under the scope of the privatization of the

aforementioned refineries via the “asset sales” method as a

whole was subject to authorization under article 7 of the Act no

4054 on the Protection of Competition as well as the

“Communiqué on the Procedures and Principles to be Pursued

in Pre-Notifications and Authorization Applications to be Filed

with the Competition Authority in order for Acquisitions via

Privatization to Become Legally Valid”, and (b) a possible

acquisition by any of the aforementioned bidders would not

result in the creation or strengthening of a dominant position as

described under the same article of the act and thus in signifi-

cant lessening of competition within the relevant market; there-

fore the transaction in questions could be authorized.

(19.01.2012, 12-02/70-16)

• The Board decided as a result of the assessment conducted in

response to the request for the authorization of the privatization

of Malatya, Erzincan, Elazığ and Elbistan sugar refineries

LEGAL DEVELOPMENTS

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