Author
Gökalp, Gültekin Can
Publication Date
2024-08-30 T13:36:47 AM
Subject
Contracts, Turkey, Competition, Antitrust law, Restraint of trade, Distributors (Commerce), Legal status, laws, etc, Pharmaceutical industry, Law
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
2cca1123-3a46-4be6-97ce-be9329e00bae
Library Location
Department of Private Law
Date
2024-08-30 T13:36:47 AM
Sample Text
In our country, the production, marketing, sale and distribution of medicines are subject to regulations. Distribution is a commercial activity that ensures that products reach those in need in the process following production. In Türkiye, drugs are distributed not by drug manufacturers themselves, but by pharmaceutical warehouses, which are independent distributors, to independent pharmacies in accordance with the distribution agreements between them, or to public/private healthcare institutions through tenders. Although the parties, subject and results of the contracts made in terms of these two channels are similar to each other, the legal qualities of the contracts in question are different from each other. Distribution agreements are considered "vertical agreements" in terms of competition law because they contain provisions regarding purchase-sale or resale between pharmaceutical companies that are providers of a product market and pharmaceutical warehouses operating at the distribution level. In this respect, RKHK art. The limitations in 4 apply. On the other hand, these agreements are also examined in terms of individual exemption and especially group exemption arrangements due to the benefits they create. In this study, in the first part, we examined the distribution agreements between pharmaceutical companies and pharmaceutical warehouses regarding the supply of drugs to independent pharmacies. We included our evaluations regarding the legal nature of this contract, taking into account its features. In addition, we also examined the contracts in the tender channel comparatively, as these are frequently encountered in the Competition Board decisions. In the second part, we focused on the restrictions arising from competition law regarding distribution agreements in the pharmaceutical sector and discussed these agreements in the light of the board decisions in terms of the exemption regime., In Turkey, the production, marketing, sale and distribution of medicines are subject to regulations. Distribution is a commercial activity that ensures the delivery of products to end-users following the manufacturing process. The pharmaceuticals are distributed by independent distributors known as pharmaceutical warehouses to pharmacies or through tenders to public/private healthcare institutions based on distribution agreements. Although the parties to the contract, its subject and the results of the commercial activity are similar between these two channels, the legal qualities of the contracts are different from each other. Distribution agreements are considered "vertical agreements" in terms of competition law because they contain provisions regarding purchase-sale or resale between pharmaceutical companies that are providers of a product market and pharmaceutical warehouses operating at the distribution level. Consequently, distribution agreements are subject to restrictions outlined in Article 4 of the Competition Law. However, these agreements are also examined for individual exemption and especially group exemption regulations based on the benefits they bring. In this study, we examined the distribution agreements between pharmaceutical companies and pharmaceutical warehouses regarding the supply of drugs to independent pharmacies in the first section. We included our evaluations regarding the legal nature of this contract, taking into account its characteristics. Additionally, we comparatively analyzed contracts in the tender channel, commonly encountered in decisions of the Competition Board. In the second section, we focused on the restrictions arising from competition law limitations on distribution agreements and analyzed these contracts in the light of exemption regulations based on decisions of the Competition Board.
