Competition Authority Decisions on Contract Manufacturing in Pharmaceutical Industry
- Gültekin Can Gökalp
- Apr 3, 2022
- 1 min read
There was a need to conduct research on a new contract manufacturing consultancy request submitted by business units recently.
I would like to share a decision (Merc-Fako İlaç) that I read while researching the perspective of the Competition Authority on contract manufacturing contracts. In this decision, the Board drew attention to the market shares of the products subject to production and shared its assessment that there is no horizontal production agreement between the competitors in the concrete case. On the other hand, it found the restrictions on the prevention of "cross contamination" and the transfer of know-how and technology reasonable. Similarly, the decision included positive evaluations regarding confidentiality, compensation and other liability clauses for the period after the termination of the contract, which may be thought to limit competition. Below you can find the link to both this decision and the two other decisions I read.
Sincerely.
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