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LEGAL DEVELOPMENTS
415
Important Legislation and Decisions regarding
Competition
• The Competition Board (“Board”) decided that an individual
exemption should be granted to the “Tender Warehouse Contract”
Lilly İlaç Tic. Ltd. Şti., signed separately with Beşer Ecza Deposu
Tic. ve San. Ltd. Şti., Öz-sel Ecza Depoları Tic. ve Paz. A.Ş. and
İmtaş Ecza Deposu ve Gereçleri San ve Tic. Ltd. Şti. (17.01.2013,
13-05/47-24)
• The Board decided that 1. the vertical relationship between
BP Petrolleri A.Ş. and FSM Akaryakıt Pet. İnş. Tic. Ltd. Şti.
comprised of an undated protocol, the Lease Agreement dated
03.12.2008 and the dealership agreement dated 25.06.2009 a) did
not benefit from the exception provision regulated with article
5/a of the Communiqué no 2002/2, b) 2. benefited from the block
exemption under the Communiqué no 2002/2 for a period of 5
years as of 03.12.2008 when tenancy rights were granted to BP
Petrolleri A.Ş., but fell out of the scope of the exemption granted
with the relevant Communiqué as of the same date, – The Board
decided that an individual exemption could not be granted to the
relevant vertical relationship under article 5 of the Act No. 4054,
either. (24.01.2013, 13-07/72-41)
• The Board decided that in relation to the “Domestic Authorized
SellersContracts” and “Industrial Customer PurchaseAgreements”
Trakya Cam Sanayii A.Ş. concluded with various groups of
buyers, 1. individual exemptions should be granted to the relevant
agreements; 2. In relation to the “Franchising Agreement on the
Production and Marketing of Comprehensive or Standard Double
or More Galzing Flat Glass / Coated Glass System Insulation Glass
Units” a) relevant agreements did not fulfill the conditions listed
in article 5 of the Act No. 4054 due to the non-compete obligations
placed on the buyers concerning Isıcam branded products, b) –
Therefore, under paragraph 3, article 9 of the Act No. 4054, the
Presidency should be charged with rendering opinion to Trakya
Cam Sanayii A.Ş., stating that the aforementioned violation in
the agreements should be removed and the situation should be