The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the Pharmacies sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association)

A. Introduction The Competition Board (“Board”) has recently published its reasoned decision [1] in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). The High State Court’s ruling was made as a result of the TPA’s appeal against the Board’s earlier decision concerning the TPA’s practices, which examined allegations that the TPA had fixed pharmacies’ purchasing terms and conditions in non- market circumstances. Pursuant to the investigation, the Board found that the TPA had violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”), and imposed an administrative monetary fine corresponding to 3% of the TPA’s revenues

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Gönenç Gürkaynak, The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the Pharmacies sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association), 5 April 2018, e-Competitions Bulletin April 2018, Art. N° 88012

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