Duyurular

The Turkish Competition Board Concludes Its Investigation into an Economic Entity Operating in the Pharmaceutical Sector

An announcement ("Announcement") regarding the conclusion of the investigation conducted by the Turkish Competition Board ("Board") into an economic entity operating in the pharmaceutical sector through the commitment and settlement procedures was published on the official website of the Turkish Competition Authority ("Authority") on 4 August 2026.

The Announcement highlights, in summary, the following:

  • The investigation conducted under Article 6 of Law No. 4054 on the Protection of Competition ("Law No. 4054") into an economic entity operating in the pharmaceutical sector has been concluded. The investigation concerned allegations that the undertaking prevented competitors from entering the market for dual-active ingredient nasal sprays and caused public harm by refraining from placing one of the two nasal spray products, which it distributed under a co-marketing agreement, on the market.
  • Pursuant to the Board's decision dated 23 July 2026 and numbered 26-26/748-308, it was determined that the undertaking engaged in exclusionary and exploitative practices by maintaining the market share of one of two pharmaceutical products with identical ingredients and formulation below 1%, despite that product being subject to a higher reimbursement discount under the Social Security Institution's reimbursement scheme. Accordingly, the Board concluded that the undertaking had infringed Article 6 of Law No. 4054.
  • As a result of the infringement, the Board imposed an administrative monetary fine of TRY 23,813,011.31 on the relevant economic entity.
  • In addition, the commitments submitted regarding the suspension and cancellation of the marketing authorisation of the product whose market availability remained below 1%, as well as its removal from the Social Security Institution's reimbursement scheme, were accepted by the Board and rendered binding upon the relevant economic entity.
  • Accordingly, the Board resolved to conclude the investigation against the relevant economic entity through the commitment and settlement procedures.

You can access the full text of the Decision (Turkish) here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr 

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