The Turkish High State Court annuls the Competition Board’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)

This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In its decision [1], the Board concluded that the export ban placed on a pharmaceutical wholesaler, CO-RE-NA Ecza Deposu Dış Ticaret Ltd. Şti. (“Corena”) by the supplier, Roche Müstahzarları San. A.Ş. (“Roche”) does not affect competition within the borders of Turkey, and therefore it was not within the scope of the Law No. 4054 on Protection of Competition (“Law No. 4054”). The Board also evaluated the allegations that Roche exerted a vertical restraint on its wholesalers by preventing them from supplying

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Authors

  • ELIG, Attorneys-at-Law (Istanbul)
  • ELIG, Attorneys-at-Law (Istanbul)

Quotation

Gönenç Gürkaynak, Eda Duru, The Turkish High State Court annuls the Competition Board’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena), 16 December 2016, e-Competitions Bulletin December 2016, Art. N° 84367

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