Johnson & Johnson: Exemption Rejected
1. Introduction
On January 28, 2021, the Turkish Competition Authority
("Authority") published on its website
the Turkish Competition Board's
("Board") reasoned decision on the
individual exemption application of Johnson&Johnson Sıh.
Mal. San. ve Tic. Ltd. Şti.
("J&J").1 The application
concerns Johnson & Johnson's prospective 'Human
Medicine Warehouse Sales Agreement'
("Agreement") to be concluded with only
nine pharmaceutical warehouses.
According to the Agreement, J&J will solely work with these
nine pharmaceutical warehouses regarding the distribution of four
J&J medications out of 37 pharmaceutical products that J&J
distributes in Turkey. All four of these products are used for
serious illnesses, specially two of them are used for orphan
diseases, and they were chosen because of their usage and because
(i) they require high specialty, (ii) their sale prices are high,
and (iii) they are often subject to parallel
