The Turkish Competition Board confirms lack of anticompetitive conduct in the bio-tech pharmaceuticals market despite evidence of bid rigging brought by criminal proceedings (Roche)

The Turkish Competition Board (TCB) confirmed its previous finding of lack of anticompetitive conduct by Roche in the bio-tech pharmaceuticals market in Turkey. The decision of the TCB comes after its original decision [1] being annulled by the Council of State [2] for not having taken into consideration the new evidence in the case which arose from the criminal proceedings against Roche for alleged unlawful conduct in tenders for public procurement of pharmaceuticals. The alleged anticompetitive conduct on of Roche was that first, Roche did not allow any other pharmaceutical warehouse than “Beşer Ecza Deposu” (Beşer) to bid in Social Insurance Institution (“Sosyal Sigortalar Kurumu”) (SII) tenders and thus abused its dominant position; second, Roche entered into market sharing agreements;

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  • University of Leeds

Quotation

Pinar Akman, The Turkish Competition Board confirms lack of anticompetitive conduct in the bio-tech pharmaceuticals market despite evidence of bid rigging brought by criminal proceedings (Roche), 30 October 2008, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 24234

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