The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)

On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision [1] regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve Kimyevi Ürünler İnşaat San. Tic. Ltd. Şti (“Düzey”) with the purpose of determining whether the relevant undertaking has violated Article 6 of the Law on the Protection of Competition (“Competition Law”) through abuse of its dominant position in the sales and after sales market for Accuracy branded CyberKnife radiotherapy devices. This decision is important as it is the last link in the TCA’s established precedents [2] regarding the abusive refusal to supply practices in the aftersales of medical

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Authors

  • ACTECON (Istanbul)
  • DPO Consultancy (‘s-Hertogenbosch)

Quotation

Mustafa Ayna, Emine Bilsin, The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey), 1 February 2019, e-Competitions February 2019, Art. N° 89609

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