Abuse of Dominance in Turkish Market for Pharmaceutical Imports
As a result of investigation into commercial activities of the Turkish Pharmacists’ Association (“TPA”) and Turkish Pharmacists’ Association Commercial Enterprise (“TPACE”) in relation to the market for pharmaceutical imports, the TPACE is faced with an administrative fine of TL 18.062.307,32 (approx. EUR 4.881.705) for the abuse of dominance.
The TPACE holds dominant position in the market for importation of pharmaceuticals, which are either not licensed or cannot be supplied to the market for certain reasons irrespective of being licensed. In its decision No 16-42/699-313 dated 6.12.2016 the Turkish Competition Authority concluded that the TRACE violated Article 6 of the Turkish Competition Law (equivalent of Article 102 of the Treaty on the Functioning of the EU) by way of concluding exclusive agreements with foreign pharmaceutical suppliers.
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