Agenda

TURKISH COMPETITION AUTHORITY GRANTED EXEMPTION TO A PHARMA COMPANIES

12/02/2020

The Competition Authority (TCA) has granted exemption to supply agreements between Merck Sharp Dohme (MSD) and the pharmaceutical wholesalers; İnci Ecza Deposu (INCI) and Benzol Ecza Deposu (BENZOL).

MSD is an international pharmaceutical company; importing and subcontracting in the fields of allergy, dermatology, diabetes, osteoporosis, ophthalmology, infectious diseases, hepatology, immunology, hyperlipidemia, hypertension, respiratory diseases, central nervous system (anesthesia, neurology, psychiatry), women's health (fertility and gynecology) and oncology treatment. İnci Ecza Deposu and Benzol Ecza Deposu are pharmaceutical wholesalers operating as distributors of medical supplies, medicines and similar products.

Following provisions of the contract were assessed within the individual exemption;

  • MSD will supply Bridion, Esmeron, Cancidas and Cubicin exclusively to INCI,
  • MSD will Keytruda, Invanz, Remicade, Emend, Noxafil, Diprospan and Celestone exclusively to BENZOL,
  • INCI ve BENZOL will purchase these product exclusively from MSD and sell products exclusively getting by BENZOL and INCI, will be supplied to all private hospitals in Turkey

Regarding Esmeron and Cancidas for which MSD’s market share is less than 40%, TCA decided that the contract is eligible for group exemption. For the products where MSD has a market share is more than 40% TCA found the contract complying with the provisions individual exemption.