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TCA, launched an investigation into Roche

In response to the 13th Chamber of the Council of State Competition Board re-evaluated the application which included the claims that for selling products Roche Müstahzarları San. A.Ş. required the those undertakings signing of an agreement with overseas sales prohibitions, that it refused to supply products to the Co-Re-Na Ecza Deposu Dış. Tic. A.Ş. After 2010 for refusing to comply with that condition, that it prevented other pharmaceutical warehouses from selling ROCHE products to the aforementioned warehouse, and that it thereby violated articles 4 and 6 of the Act no 4054.

In the preliminary inquiry previously conducted, the aforementioned practices were examined and the decision dated 17.06.2010 and numbered 10-44/785-262 was taken, stating that complaint should be rejected and an investigation should not be initiated. However, the aforementioned Board decision was annulled with the 13th Chamber of the Council of State’s decision dated 16.12.2016 and numbered 2010/4617 E., 2016/4241 K.

After discussing the information and documents included in the file in its meeting of 08.06.2017, the Board, in light of the points raised in the Court decision, decided to launch an investigation on Roche Müstahzarları San. A.Ş. under article 41 of the Act no 4054 in order to determine whether the act no 4054 was violated, with the decision numbered 17-19/306-M.

As is known, article 4 of the Act no 4054 prohibits anti-competitive agreements and concerted practices between undertakings, while article 6 prohibits abuses of dominant position.