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Mooring Services Rendered in Marinas and Boat Parks:

In terms

of Istanbul City Port Marina, if this acquisition is realized, the Board

has specified that the market ratio of the marinas in the relevant mar-

ket, and which is controlled by Koç Holding, will reach 60-65% in

accordance with the figures from 2014. Therefore, it has been inter-

preted that this acquisition transaction would create competitive con-

cerns.

The Board has reflected its concerns that as a result of this acqui-

sition transaction, Koç Holding will take the control of Istanbul City

Port Marina, which is the closest rival of Kalamış Marina, operated by

Koç Holding, as well; thus, the compound undertaking to be formed

will hold significant market power in the relevant market, and it may

use its market power in order to increase prices.

Nonetheless, in the alternative geographical market definitions that

might be made for Göcek Village Port Marina and Göcek Exclusive

Marina, it has been deduced that the transaction would not cause a sig-

nificant increase in concentration in terms of the relevant product mar-

ket.

Boatyard Field Services:

In terms of the boatyard field services

rendered in the cities bordering the Marmara Sea, the market shares of

the parties prior to the transaction, and the market share of the com-

pound undertaking to be formed following the transaction were evalu-

ated. Additionally, it has been concluded that immediately following

the transaction, the customers of the compound undertaking would

have the opportunity to lean towards rival undertakings due to the high

number of undertakings that will operate in the relevant market after

the acquisition, the substitution level of services of the rival undertak-

ing compared to services of the compound undertaking, and the rivals’

adequate capacity to meet the demands of customers who reject poten-

tial high pricing of the compound undertaking. This situation may

damper the compound undertaking’s motive to increase prices.

On the other hand, in the alternative geographical market, defini-

tions that might be made for Göcek Village Port Marina and Göcek

Exclusive Marina are that the transaction would not cause a significant

increase in concentration in terms of the relevant product market.

COMPETITION LAW

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