Newsletter-21

458 NEWSLETTER 2016 • The Board decided that the Franchise Agreement between Roche Diagnostics Turkey A.Ş. and its franchises is appro- priate to Article 4 of Law numbered 4054 that the Franchise Agreement benefits from group exemption for the markets of clinical chemistry systems, bleeding/clotting systems, he- matology instruments, microbiology testing systems, urinary devices, sequence systems, patient chairside systems, and the genetics and research system within the context of Com- munique on Group Exemption Related to Vertical Agree- ments numbered 2002/2, and that it does not benefit from group exemption for self-testing devices and immunochemi- cal testing systems within the context of Communique on Group Exemption Related to Vertical Agreements numbered 2002/2; however, the agreement mentioned, above, can ben- efit from individual exemption for these markets within the context of Article 5 of Law numbered 4054. (25.08.2016, 16-29/487-219) • The Board granted negative clearance within the context of Article 8 of Law numbered 4054 to the appropriateness of the lifetime guarantee campaign offered by Şahsuvaroğlu Dış Ticaret Kimyasal Ürünler Otomotiv Pazarlama San. ve Tic. Ltd. Şti to Articles 4, 6, 7 of Law numbered 4054. (08.09.2016, 16-30/506-227) • The Board granted an individual exemption to the BKM Express system within the context of the Article 5 of Law numbered 4054 on the understanding that member busi- nesses and cardholders are not supposed to make any pay- ment. As well, the Board decided that the fact that the trade commission, which is a part of Bankalararası Kart Merkezi A.Ş. falls within the context of Article 4 of Law numbered 4054. (23.09.2016, 16-31/525-236) • The Board decided that the Exclusive Procurement De- pository Agreement (“Agreement”) executed on 30.03.2016 between Roche Müstahzarları Sanayii A.Ş. and MTS İlaç Dağıtım Ticaret A.Ş. is within the scope of Article 4 of Law No. 4054 because of its competition restrictive covenants. Article 11.2. of the Agreement shall be reformulated, and