The Board has pronounced its final decision on the full-fledged investigation conducted against Turkish Pharmacists’ Association and Turkish Pharmacists’ Association Commercial Enterprise (06.12.2016, 16-42/699-313)
The Turkish Competition Board (“Board”) recently pronounced its final decision regarding the full-fledged investigation conducted against Turkish Pharmacists’ Association and Turkish Pharmacists’ Association Commercial Enterprise, in order to determine whether the relevant undertakings have violated Article 6 of Law No. 4054 on the Protection of Competition (“Law No. 4054”) through their applications regarding the imports of medicine that is either unlicensed in Turkey or licensed but not supplied to the market due to various reasons.
Through its decision dated 06.12.2016 and numbered 16-42/699-313, the Board has decided that,
Turkish Pharmacists’ Association Commercial Enterprise is in a dominant position in the market for medicine imports and violated Article 6 of the Law No. 4054 through concluding exclusivity agreements with foreign medicine suppliers.
In this respect, an administrative monetary fine of TL 18,062,307.32, which corresponds to 1.5 % of the Turkish Pharmacists’ Association Commercial Enterprise’s turnover generated by the end of financial year 2015, must be imposed on the relevant undertaking.
An opinion must be conveyed to the Turkish Ministry of Health and the Turkish Social Security Institution in order to open the market for medicine imports to competition.
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Roche Müstahzarları Sanayii A.Ş. ("Roche") and a pharmaceutical wholesaler named MTS İlaç Dağıtım Tic. A.Ş. ("MTS") entered into an Exclusive Tender Depository Agreement ("Agreement"). They requested an individual exemption from the Board for the Agreement. v
In their reviews, competition law authorities might be led to directly examine the undertakings' pricing strategies, which can be perceived as a direct intervention in their freedom to set their own prices, as opposed to the principles of the free market economy.
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