Turkish Competition Authority’s Publications and Policy Developments
TCA Published Preliminary Report on Pharmaceutical Sector Inquiry and a Workshop Will be Held
(Our detailed article about the Pharmaceutical Sector Inquiry Preliminary Report is available at this link).
Following a sector inquiry launched in December 2021 to detect structural competition concerns in the pharmaceutical sector and offer competitive solutions, the Turkish Competition Authority (“TCA”) published its Pharmaceutical Sector Inquiry Preliminary Report on 10 August 2026, opening it for public consultation. The report examines the overall outlook of the sector together with quantitative and statistical data, summarises the TCA's enforcement activities in the sector over the past ten years, and assesses the competitive structure across the full supply chain: production, market entry, and distribution.
- At the production stage, the report examines the relationship between patent protection, intellectual property law, and competition law, identifying practices such as misuse of divisional patents, product hopping, and strategic regulatory interventions as potential atypical forms of infringement tools. On patent settlements, the TCA screened approximately 350 patent cases since 2015 and found no pay-for-delay agreements in Türkiye to date but designates this a priority monitoring area and sets out a practical checklist for compliant settlements.
- At the market entry stage, the report addresses the legislation governing health, safety, and accessibility in the sector and the points at which it intersects with competitive structure, examines the effects of patent processes, licensing and reimbursement mechanisms on market entry and competition, and warns that regulatory compliance alone does not guarantee competition law compliance — conduct that forms part of a strategy to foreclose competitors may attract scrutiny regardless of its legality under sector-specific rules.
- At the distribution stage, the report examines public pharmaceutical procurement practices and the impact of vertical exclusive relationships on a healthy and competitive pharmaceutical supply. It identifies structural concentration concerns in wholesale markets, recommends replacing the current sole authorized distributor model in public procurement with a shared exclusivity framework of up to five authorised distributors per province, and raises competition law risks arising from information exchange in the Public Institution Discount framework in Türkiye.
The report proposes certain recommendations that do not require dismantling the existing administrative, legal, economic, or institutional framework. The public consultation period offers an important opportunity for industry stakeholders to engage with the TCA on the final recommendations.
In addition, a workshop will be held on 21 September 2026 to assess the findings, observations and policy recommendations set out in the Preliminary Report. The workshop aims to bring together public institutions, undertakings operating in the pharmaceutical sector, industry representatives, academics, and other stakeholders to assess the preliminary findings from different perspectives.
Notable Decisions of the Turkish Competition Authority
Antitrust Enforcement
TCA Launched Investigation into Teva for Alleged Abuse of Dominance: Following the publication of the Pharmaceutical Sector Inquiry Preliminary Report, the TCA announced that it has initiated a formal investigation into the economic unity composed of Teva İlaçları San. ve Tic. AŞ, Teva Pharmaceuticals Europe B.V., and Teva Pharmaceutical Industries Ltd for alleged abuse of dominance in violation of Article 6 of the Act No.4054 on the Protection of Competition (“Competition Act”). Teva is one of the world's largest pharmaceutical companies, with operations spanning neurology, immunology, and other branches of medicine. The investigation focuses on whether Teva engaged in conduct designed to restrict competition from generic medicines through two distinct strategies: (i) the strategic use of divisional patent applications relating to manufacturing processes and dosage regimens filed following the expiry of its basic molecule patent, combined with associated withdrawal practices; and (ii) the creation of a misleading impression before healthcare authorities regarding the efficacy and safety of competing products. The TCA will assess whether this conduct, individually or in combination, was capable of foreclosing generic entry and constitutes an abuse of Teva's dominant position.
TCA Launched Investigation into Undertakings Operating in the Plant Protection and Plant Nutrition Products Market over Information Exchange Allegations: The TCA has initiated a formal investigation into 18 undertakings operating in the plant protection and plant nutrition products market for alleged exchange of competitively sensitive information in violation of Article 4 of the Competition Act. The investigation spans a broad cross-section of the industry, encompassing both major multinationals including BASF, Syngenta, FMC, Nufarm, UPL, Adama, and Sumi Agro and a number of domestic operators.
The investigation focuses on the alleged sharing of information on product prices and sales volumes, targets, payment terms, and discount rates, and will assess whether such exchanges were capable of reducing strategic uncertainty among competitors and facilitating coordination in these markets. Plant protection products are designed to guard plants against pests, diseases, and harmful organisms, while plant nutrition products are intended to provide essential nutrients and improve plant productivity.
TCA Concluded Investigation into Avixa through Settlement and Commitment Procedures for Abuse of Dominance in Double Action Nasal Spray Market: The TCA concluded its investigation into the economic unity composed of Avixa İlaç San. ve Tic. AŞ and Avigem İlaç San. ve Tic. Ltd. Şti. (“Avixa”) for withholding from the market one of two nasal sprays it distributed under a co-marketing agreement, thereby foreclosing competitor entry in the double action nasal spray market and creating public harm, assessed under Article 6 of the Competition Act through the settlement and commitment procedures.
The investigation focused on Avixa's conduct of keeping the market share of one of two pharmaceutically identical nasal sprays it distributed below 1%, despite a higher discount being applied to that product under the Social Security Institution's reimbursement programme, thereby foreclosing competitor entry through exclusionary and exploitative practices. The TCA found that this conduct constituted a violation of Article 6 of the Competition Act and imposed an administrative fine of approximately TRY 24 million on Avixa through the settlement procedure.
In parallel, the TCA accepted and made binding Avixa's commitments to suspend and revoke the licence for the product whose market availability was kept below 1% and to remove it from the reimbursement scheme.
Merger Control
TCA Conditionally Cleared Paramount Skydance Corporation’s Acquisition of Warner Bros. Discovery: In one of the most closely watched media transactions globally, the TCA granted conditional clearance to the acquisition of sole control over Warner Bros. Discovery Inc. by Paramount Skydance Corporation, subject to a package of behavioural commitments addressing competition concerns in three markets: distribution of films for theatrical release, wholesale provision of TV channels, and subscription video-on-demand (SVOD) services.
- On concerns of Paramount’s market share in the distribution of films for theatrical release, Paramount committed to divest its shareholding in UIP Türkiye (its joint film distribution vehicle with Universal) and undertook not to re-establish any joint distribution structure with Universal, not to combine the distribution of Paramount and Warner Bros. films with third parties that also distribute Universal or Walt Disney films, and to ensure that Warner Bros. and Universal continue to operate independently within UIP Türkiye.
- On SVOD, Paramount committed to make theatrically released films available for licensing to third-party platforms in Türkiye on market terms following the expiry of a three-year exclusivity window after first availability on the SVOD platform(s) owned by Paramount and Warner Bros. This commitment will remain in effect for five years from closing.
- On wholesale provision of TV channels, Paramount committed to extend existing agreements with DigiTürk, TV+, Tivibu, D-Smart, and other linear TV providers until 31 December 2029 under the same terms and conditions, upon request of the relevant linear TV provider, and to continue making its TV channels available for licensing to third parties in Türkiye on market terms for as long as those channels remain available on its own SVOD platforms.
Notably, the SVOD and wholesale TV channel commitments were offered specifically for the Turkish market, in addition to the commitments submitted to the European Commission. The TCA found the above-mentioned commitments sufficient, proportionate, and capable of implementation within a short period of time.
TCA Conditionally Cleared A101's Acquisition of CarrefourSA: In a transaction that will reshape the organised retail landscape in Türkiye, the TCA granted conditional clearance to the acquisition of sole control over CarrefourSA Carrefour Sabancı Ticaret Merkezi AŞ, by Yeni Mağazacılık AŞ (A101) finding that the transaction could significantly restrict effective competition in the FMCG organised retailing market. The Board accepted a mixed package of structural and behavioural commitments as sufficient, appropriate, and proportionate to address the identified concerns:
- Store divestitures: A101 will divest a total of 48 stores in areas where competitive concerns were identified, comprising 10 A101 stores and 38 CarrefourSA stores.
- Organisational separation: CarrefourSA will continue to operate under a separate organisational structure from A101, with separate management and employees responsible for day-to-day commercial activities.
- Employment protection: Within three years following closing, A101 will use reasonable efforts to protect and increase the combined total level of employment across A101 and CarrefourSA.
- SME and local supplier support: For three years, at least 75 SMEs or local producers and suppliers will be supported annually under a dedicated programme providing in-store visibility, marketing, digital, data analytics, and online sales channel support, with special attention to women producers and entrepreneurs.
- Local products and agricultural products support: An integrated communication and positioning strategy under an umbrella brand approach will be implemented to support and enhance the visibility of local products and local agricultural products.
The commitments are binding, and daily administrative fines will apply in the event of non-compliance.
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