The relevant part of the decision taken within the scope of the investigation initiated according to the decision of the Competition Board dated 16.12.2010 and numbered 10-78/1618-M for detecting whether certain undertakings operating in the cement sector in Eastern Anatolia Region, Southeastern Anatolia Region, Eastern Black Sea Region and in Adana violated Article 4 of the Act no 4054 is as follows:

1- It was decided BY MAJORITY OF VOTES and with differing reason stated by the President Prof. Dr. Nurettin KALDIRIMCI that the following undertakings violated Article 4 of the Act no 4054:

- Adana Çimento Sanayii T.A.Ş.

- Aşkale Çimento San. T.A.Ş.

- Çimko Çimento ve Beton Sanayi Ticaret A.Ş.

- Çimsa Çimento Sanayi ve Ticaret A.Ş.

- Elazığ Altınova Çimento San. Ticaret A.Ş.

- Kars Çimento Sanayi ve Ticaret A.Ş.

- KÇS Kahramanmaraş Çimento Beton Sanayi ve Madencilik İşletmeleri A.Ş.

- Limak Çimento Sanayi ve Ticaret A.Ş.

- Mardin Çimento Sanayii ve Ticaret A.Ş.

- Yurt Çimento Sanayi ve Ticaret A.Ş.’nin

2-  Therefore, according to Article 16 of the same Act and Article 5(1)(a) and 5(2) of the Regulation on Fines to Apply in cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse Of Dominant Position,

a) It was decided BY MAJORITY OF VOTES and with differing reason stated by Board Member Reşit GÜRPINAR that administrative fines, which amount to, by discretion, 2% of the annual gross revenue which generated at the end of the fiscal year 2011 and which is determined by the Board shall be given as indicated below:

- TL 4.959.857,04 to Adana Çimento Sanayii T.A.Ş.

- TL 3.376.238,67 to Çimko Çimento ve Beton Sanayi Ticaret A.Ş.
- TL 7.758.016,08 to Çimsa Çimento Sanayi ve Ticaret A.Ş.
- TL 1.120.842,98 to Kars Çimento Sanayi ve Ticaret A.Ş
- TL 2.957.990,69 to KÇS Kahramanmaraş Çimento Beton Sanayi ve Madencilik İşletmeleri A.Ş.
- TL 2.502.165,95 to Mardin Çimento Sanayii ve Ticaret A.Ş.

b) It was decided BY MAJORITY OF VOTES and with differing reason stated by Board Member Reşit GÜRPINAR that administrative fines, which amount to, by discretion, 3% of the annual gross revenue which generated at the end of the fiscal year 2011 and which is determined by the Board shall be given as indicated below:

- TL 10.745.776,24 to Aşkale Çimento San. T.A.Ş.
- TL 2.902.958,76 to Elazığ Altınova Çimento San. Ticaret A.Ş.
- TL 10.283.220,47 to Limak Çimento Sanayi ve Ticaret A.Ş.
- TL 2.557.954,55 to Yurt Çimento Sanayi ve Ticaret A.Ş.

c) It was decided BY MAJORITY OF VOTES that implementation of Article 6(1)(a) of the said Regulation is not necessary,

d) It was decided BY MAJORITY OF VOTES that implementation of Article 7(1)of the said Regulation is not necessary.

The reasoned decision will be notified at a later date. The decision may be appealed before the Council of State.