According to the Competition Board decision dated 08.12.2021 and numbered 21-59/844-M, a sector inquiry was initiated to detect the structural competition problems in the pharmaceutical sector and offer competitive solutions.

The pharmaceutical sector, due to its structural characteristics and features that are different from other sectors, is among the sectors that competition authorities prioritize both in Türkiye and around the world. Therefore, proactive identification and assessment of the competition problems in the sector will contribute to strengthening the competitive structure of the sector and thus increasing consumer welfare.

Within this framework, first of all, Pharmaceutical Sector Inquiry Preliminary Report (the Preliminary Report), examines the overall outlook of the pharmaceuticals sector together with its quantitative and statistical data and summarizes the activities carried out by the Competition Authority (the Authority) related to the pharmaceutical sector in the last ten years.  Subsequently, based on the supply chain and the areas where regulations are concentrated in the pharmaceutical sector, the report provides assessments of the competitive structure at the production, market entry and distribution stages. 

With regard to the competition at the production stage, the relationship between patent protection, intellectual property law and competition law is examined by taking into account the dynamic structure of the pharmaceutical sector. In this context, assessments are made regarding the balance between the dynamism generated by the promotion of intellectual property protection in the sector and the freedom of market entry conditions. With respect to the market entry process, the report first addresses the legislation governing health, safety and accessibility in the sector as well as the points at which this legislation contacts with the competitive structure, and examines the effect of various undertaking practices within the regulatory framework in recent years on market entry conditions. With respect to the distribution level of the pharmaceutical sector, the transformation of public pharmaceutical procurement methods and the impact of various vertical relationships at the distribution level on a healthy and competitive pharmaceutical supply are addressed. 

Consequently, potential atypical competition infringements, exclusivity practices, ways to improve competitive processes in public pharmaceutical procurement, the exercise of intellectual property rights, and competition problems that may arise from the regulatory framework or the manipulation of the regulatory framework are examined. The report indicates areas open to improvement and proposes feasible and targeted solutions in these areas that do not require dismantling the existing administrative, legal, economic or institutional framework. 

The opinions of the public regarding the Preliminary Report’s findings, observations, assessments and policy recommendations may be submitted to the Authority by mail or e-mail at ilac@rekabet.gov.tr