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ARTICLE · 19 JANUARY 2022

The TCA's Decision Regarding The Turkish Pharmacists Association Has Been Overturned

ACTECON
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With the recent decision given by the 13th Chamber of the Council of State on 24 May 2021

TurkeyAntitrust/Competition Law
Mustafa Ayna
Mustafa Ayna
Burak Bugrahan Sezer
Burak Bugrahan Sezer
Arda Diler
Arda Diler
Author LinkedIn connections

With the recent decision given by the 13th Chamber of the Council of State on 24 May 2021,1 the administrative fine given to the Turkish Pharmacists Association ("TPA") by the Turkish Competition Authority ("TCA") on the grounds that some of its decisions and practices violated Article 4 of Law No. 4054 on the Protection of Competition ("Competition Law") was annulled. The decision, which was rendered at the end of an administrative judicial process that lasted many years, also included determinations regarding the jurisdiction of the TCA. This article discusses the process and results of that decision.

Factual and Legal Background

The practices and decisions of the association examined here occurred mainly in 1997 and 1998. Since then, these decisions and practices also have been evaluated by administrative judicial bodies. Therefore, it would be beneficial to provide some background information on the developments since 1997 regarding the case.

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