Will The Treatment Of Selective Distribution Systems Ever Be The Same Again? The Turkish Competition Board s Johnson&Johnson Decision - Anti-trust/Competition Law mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
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Introduction Johnson&Johnson ) applied
in June 2019 to the Turkish Competition Authority
(
TCA ) and asked the
Competition Board (
Board ) to
assess whether Johnson&Johnson s contemplated Warehouse
Sale Agreement for Human Medicine
(
Agreement ) falls within the
protective cloak of the Block Exemption Communiqué No.
2002/2 on Vertical Agreements (
Communiqué
No. 2002/2 ) or, if not, satisfies the
conditions for an individual exemption as per Article 5 of the Law
No. 4054 on the Protection of the Competition
(
Law No. 4054 ).
The Agreement sought to establish a quantitative
1
selective distribution system whereby nine pharmaceutical
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Vertical relations between suppliers and distributors are
subject to the principles set out in the Article 4 of the Act no
4054. Subsequently the Block Exemption Communiqué on
Vertical Agreements
1 (“Communiqué”)
entered into force as secondary legislation and the Guidelines on
Vertical Agreements
2 has been published by the Turkish
Competition Authority (“TCA”) to clarify the
implementation. The rules in the Communiqué regarding the
implementation of competition law in terms of vertical relations
are largely in line with the Vertical Block Exemption
Regulation
3 (VBER), which is currently in force in