The Turkish Competition Authority Published Its Preliminary Report on the Pharmaceutical Sector Inquiry
The Turkish Competition Authority (Authority) published the Preliminary Report on the Pharmaceutical Sector Inquiry (Preliminary Report) on 10 August 2026. The Preliminary Report was prepared within the scope of the sector inquiry initiated by the Turkish Competition Board (Board) with its decision dated 8 December 2021, with a view to identifying structural competition concerns in the pharmaceutical sector and developing competitive solutions. It examines the factors affecting competition throughout the pharmaceutical value chain, from the development of a medicinal product to its delivery to patients at the retail level, with a particular focus on the production, market entry and distribution stages.
The key points highlighted in the Preliminary Report are summarized below:
I. General Overview of the Pharmaceutical Sector
The Preliminary Report emphasizes that the pharmaceutical sector is characterized by high investment and R&D costs, relatively inelastic demand and extensive regulation. It further notes that, in Türkiye, the sector is characterized by the significant role of reimbursement mechanisms and a mixed market structure in which domestic and multinational companies operate side by side. These features are stated to have a significant impact on competition, pricing and market entry dynamics in the sector.
II. The Authority’s Activities in the Pharmaceutical Sector
The Preliminary Report notes that the pharmaceutical sector is one of the Authority’s priority areas and that the Board’s practice over the last ten years points to certain trends, particularly in relation to merger control, exemption and negative clearance assessments, and relevant market definition. These trends indicate that the Authority aims to safeguard competition in the innovative and R&D-intensive pharmaceutical sector and to prevent the early concentration of market power.
III. Competition at the Production Stage
The Preliminary Report addresses the interaction between patent protection and competition law at the production stage. In this context, it states that patent clusters, divisional patents and communications with patent authorities may, under certain circumstances, have competition law implications. The Preliminary Report also notes that, while the reviews conducted did not reveal any indication of the existence of “pay-for-delay” agreements in Türkiye, such arrangements should continue to be closely monitored by the Authority.
IV. Competition at the Market Entry Stage
The Preliminary Report emphasizes that compliance with sector-specific regulation does not necessarily mean compliance with competition law. In this context, it notes that marketing authorization and reimbursement rules may be used strategically in a manner that makes it more difficult for competitors to enter or expand in the market. It further states that the rules governing marketing authorization cancellations and reimbursement lists should be reviewed and puts forward recommendations regarding the market share conditions applied under the reference pricing system.
V. Competition at the Distribution Stage
At the distribution stage, the Preliminary Report examines the structure of the pharmaceutical wholesale market, exclusivity practices, the State Supply Office’s Health Market System and the Public Institution Discount (PID). In this context, it considers that the province-based single authorized distributor model and discount practices would benefit from being reassessed considering market concentration and the need for greater clarity in their application.
VI. Conclusion
The conclusion of the Preliminary Report focuses on three main themes. These are: (i) atypical competition infringements that may arise using sector-specific regulation, (ii) exclusivity practices between pharmaceutical manufacturers and wholesalers, and (iii) proposals aimed at improving the competitive structure within the existing legal, administrative and financial framework.
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