It has been concluded that the acquisition of the sole control of Eczacıbaşı Monrol Nükleer Ürünler Sanayi ve Ticaret Anonim Şirketi, which is operating in the field of nuclear medicine, by Curium International Trading B.V. will not decrease efficient competition under the scope of article 7 of the Act no 4054 on the Protection of Competition in ”Mo-99 Isotope”, “Ge-68 Isotope” and “Ga-68 Generator” markets, which are affected by the transaction; on the other hand, it has been concluded that the transaction may result in significantly decreasing efficient competition under the scope of article 7 of the Act no 4054 on the Protection of Competition in “Tc-99m generators”, “I-131 oral capsule and solution” and “DTPA cold kit” markets, which are affected by the transaction, and the transaction has been authorized within the framework of the commitments stated below.
- Turkish Medicines and Medical Devices Agency (TİTCK) will bring a price regulation mechanism for MONROL products in the said three markets, TİTCK will publish the prices of products; the relevant price regulation will be complied with,
- In order to protect the structure before the transaction, the parties to the transaction will operate in the market through two independent distributors and accordingly the parties to the transaction will make a distribution contract with the distributors who are independent from each other as well as from the parties to the transaction and a convenient Chinese wall procedure shall be implemented for preventing the exchange of commercially sensitive information between those distributors,
- Sufficient volumes of products will be supplied to meet the usual internal market needs in Türkiye, a sufficient part of production capacity in Monrol’s facilities will be allocated for Türkiye’s demand, the production facility will not be moved out of Türkiye or will not be closed, a decision to terminate production only in terms of Türkiye will not be taken,
- In case there are interruptions in global supply chain, the product supply to Türkiye can be decreased in proportion to the decrease in production caused by the supply interruption at the most; however, in any case it will not fall below the order fulfillment rate related to customers in other countries and product supply priority for Türkiye will not be reduced compared to other markets where products are supplied,
- Any commercial strategy that affects, hinders or harms sales to a specific customer or customer type (public or private) in Türkiye will not be adopted.