The Turkish Competition Authority finds manufacturers of medical imaging and diagnostic devices not liable for abuse of dominance in relation to the provision of access codes and activation tools for the maintenance of medical imaging devices (Philips Turkey)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Philips decision (26.08.2021, 21-40/589-286) in which the Board determined that Türk Philips Ticaret A.Ş. (“Philips Turkey”) did not abuse its dominant position through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging devices. After a lengthy investigation process of 17 months, including the rejections of Philips Turkey’s commitment proposals, the Board decided not to impose an administrative monetary fine against Philips Turkey. Background The Board initiated a preliminary investigation against Philips Turkey in order to determine whether Philips Turkey has violated Articles 4 and 6 of the Law No. 4054 on the Protection of the Competition