NEWSLETTER-2017

450 NEWSLETTER 2017 • The Board conditionally granted individual exemption to the determination of credit card clearing commission rate by Bankalararası Kart Merkezi A.Ş. according to the formula approved by the Board, and to continuance of the abovemen- tioned rate if there is no variance of ±5% in the determined rate, and determined the expiry of the exemption period as 3 years from the notification of the reasoned decision to Ban- kalararası Kart Merkezi A.Ş. The Board grounded its decisi- ons on the distinctive structure of the card payment system market. (08.06.2017, 17-19/294-130) • The Board granted individual exemption to the Tender Sale Contract executed between Sanofi Sağlık Ürünleri Ltd. Şti. andAksel Ecza Deposu Ticaret A.Ş. (12.07.2017, 17-11/130- 59) • The Board decided to grant individual exemption to the non- compete provisions stipulated in sub-license agreements executed with third-party banks operating in Turkey based on the license agreement between Garanti Bankası A.Ş. and American Express Limited. (12.07.2017, 17-09/106-48) • The Board found that the “Exclusive Tender Storage Agree- ment” executed between Abdi İbrahim İlaç Sanayi ve Ticaret A.Ş. and Aksel Ecza Deposu Tic. A.Ş. is within the scope of the group exemption for the products within the limit of 40% of the market share under Article 2/2 of the Communiqué numbered 2002/2, and granted individual exemption to the agreement for the products that are not within the scope of Communiqué numbered 2002/2 because of the transgression of the threshold. (19.04.2017, 17-23/372-163) • The Board decided that the privatization of Yenice Hydro- electric Power Plant that is owned by Elektrik Üretim A.Ş. and the immovable properties utilized by this Power Plant through the “grant of operating rights” is not subject to aut- horization. (09.08.2017, 17-26/391-171) • The Board granted individual exemption to the membership agreement prepared for fulfilment of subsidiary obligati-