Application of Competition Law in Turkish Pharmaceutical Industry

Arif ESİN

Republic of Turkey has put in effect the Act No. 4054 on the Protection of Competition on December 13, 1994 within the scope of adjustment to EU. The Competition Board, established within the framework of Act on the Protection of Competition, began its activities 27 months after the Act has come into effect. The Competition Board, has swiftly formed the Institute of Competition, and hired specialist staff, and effectively began its activities as of November 5, 1997.

The legislation that regulates the Pharmaceutical Industry has conflicts with the Act No. 4054 on the Protection of Competition on some basic issues.

The prices of the medical and pharmaceutical medicament/drugs, the generic drugs and “codex” vials that are manufactured in Turkey are regulated by the Council of the Ministers Resolution No. 84/8845 dated December 4, 1984 and the Communique issued by the Ministry of Health dated September 1, 1995, both according to the amended Article No. 7 of Act No. 1262 dated May 14, 1928 the amendment of which was made in the Act No. 4348 dated January 4, 1943.