An investigation has been launched on the economic unity comprised of Avixa İlaç Sanayi ve Ticaret AŞ and Avigem İlaç Sanayi ve Ticaret Ltd. Şti concerning the allegations that it violated Article 6 of the Act no 4054 on the Protection of Competition in the market for double action nasal sprays by preventing competitors’ entry into the market and by failing to supply to the market one of the two nasal sprays which it distributes under the joint marketing agreement, thereby causing public harm.

It was observed that one of the two drugs sold by the same undertaking with the same ingredients and formula was kept below 1% market share, excluding it from the band calculation, despite the Social Security Institution applying a higher discount under the reimbursement program, leading to the suspicions that new products were being prevented from entering the market since competing undertakings would have to offer lower prices to enter the same market. It was decided that an investigation should be launched to determine if the relevant practices constituted abuse of dominant position by abusive and/or exclusionary conduct.

The Competition Authority monitors similar practices that involve refusing to release the lower-priced product to the market between two products distributed under a joint marketing agreement, resulting in the public sector incurring higher reimbursement costs and causing public harm, and may initiate an investigation when necessary.