With the announcement published on the Turkish Competition Authority’s (“TCA”) website on 19 September 2022, it has been declared that the investigation carried out against Allergan İlaçlar Tic. A.Ş. ("Allergan") has been finalized and no breach of Law No. 4054 on the Protection of Competition (“Law No. 4054”) has been found.
Previously, upon a complaint filed by a pharmaceutical warehouse to the TCA claiming that Allergan abused its dominant position by rejecting to supply its “Botox” brand product; the Competition Board (“Board”) decided that there were no grounds to open an investigation with its decision dated 3 January 2013 and numbered 13-01/3-3.
After the mentioned decision was annulled by the administrative courts, the Board re-assessed the case and concluded that the behavior of Allergan does not breach Law No. 4054 and there are no grounds to impose an administrative fine.
We think that the reasoned decision, which will be published later, may contain important evaluations regarding the competition law concept of refusal to supply and the relationships between the pharmaceutical firms and pharmaceutical warehouses.