The Competition Board Rejected the Request for Exemption to the Agreement Between Johnson & Johnson and Pharmaceutical Warehouses
The Competition Board (“Board”) rejected the request for exemption for the agreement between Johnson & Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson & Johnson”) and pharmaceutical warehouses with its decision dated 03.09.2020 and numbered 20-40/553-249, published on 28.01.2021.
It is seen that, Johnson & Johnson aimed to work with only nine pharmaceutical warehouses in the distribution of some drugs within the scope of the selective distribution system brought by the agreement.
Board evaluated that:
- There are many products similar to the contractual products and therefore it is not reasonable to subject the products to the selective distribution system,
- The selective distribution system is not necessary for the human pharmaceutical market,
- With the application of selective distribution system, in addition to active sales, passive sales will be restricted.
Regarding the individual exemption application, Board decided that no individual exemption could be granted to the agreement on the grounds that the conditions in Article 5 of Law on the Protection of Competition numbered 4054 regulating the conditions for individual exemption have not been met.
- You may access Turkish version of the Board’s decision here.
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