The investigation which evaluated the conduct of the economic unity composed of Avixa İlaç San. ve Tic. AŞ and Avigem İlaç San. ve Tic. Ltd. Şti. (AVIXA) involving its refusal to offer to the market one of the two nasal sprays that it distributed under the scope of the co-marketing agreement, thereby preventing the entry of competitors into the double action nasal spray market and causing public losses, with respect to Article 6 of the Act no 4054 on the Protection of Competition has been concluded by the Competition Board (Board) within the scope of the commitment and settlement procedures.
As a result of the settlement procedure, the Competition Board, with its decision dated 23.07.2026 and numbered 26-26/748-308, imposed an administrative fine of 23,813,011.31 TL on AVIXA for violating Article 6 of the Act no 4054 through exclusionary and exploitative practices, which included maintaining the market share of one of the two pharmaceutical products with identical formulations and active contents below 1%, despite that product being subject to a higher reimbursement discount under the Social Security Institution's reimbursement scheme.
At the same time, commitments submitted concerning the suspension and revocation of the license for the product whose availability was below 1%, as well as its removal from the Social Security Institution's reimbursement scheme, were accepted by the Competition Board and made binding on the undertaking with the Board decision dated 23.07.2026 and numbered 26-26/748-308.