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LEGAL DEVELOPMENTS
417
• As a result of the examination conducted in response to the
request for the authorization of the establishment of a joint venture
between Sumitomo Rubber Industries, Ltd. and Abdulkadir Özcan
Otomotiv Lastik San. ve Tic. A.Ş., the Board decided that: 1-The
relevant transaction was not a joint venture transaction within
the framework of Article 7 of Act No. 4054, as well as within
the “Communiqué on Mergers and Acquisition Calling for the
Authorization of the Competition Board, No. 2010/4”, which
was issued under the aforementioned article; 2-The cooperation
agreements under examination, which were concluded in the area
of production and distribution, could not be issued certificates
of negative clearance under Article 8 of Act No. 4054 since they
include competition-restricting effectswhichmay fall underArticle
4 of the same Act; 3- The cooperation agreements examined did
not benefit from block exemption under Communiqué No. 2005/4,
in accordance with Articles 2 and 3 of the same Communiqué; and
4- Since they were found to fulfill the conditions set out in Article
5 of Act No. 4054: a) the relevant agreements should be granted
exemption in the market for the production and distribution of tires
for passenger, light commercial and heavy commercial vehicles;
and b) in the market for the production and distribution of tires for
agricultural machines, in light of the market shares of the parties
to the cooperation, agreements in this market should be granted an
exemption for a period of 5 years. (06.02.2013, 13-09/119-65)
• In response to the claim that Mey İçki San. ve Tic. A.Ş. prevents
sales of rival products in points of sale of the rakı market, applies
exclusivity for its products and makes the activities of its rivals
difficult; the Board decided that initiating an investigation
concerning the claim under Article 41 of Act No. 4054 was
necessary. (18.02.2013)
• As a result of the re-evaluation of the subject matter following the
13th Chamber of the Council of State’s annulment of the Board
decision, dated 25.09.2008 and numbered 08-56/889-350, taken
in response to the claim that Coca Cola Satış ve Dağıtım A.Ş.
violated Articles 4 and 6 of Act No. 4054 by applying pressure on
its dealers, the Board decided that the complaint should be rejected