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The Turkish Competition Board (“Board”) has recently assessed the allegations that Allergan Ilaclari Ticaret A.S. (“Allergan”) engaged in discriminatory conduct and abused its dominant position by way of refusal to supply in its preliminary investigation decision. The complainant, Denge Ecza Deposu Ticaret A.S. (“Denge”), alleged that Allergan supplied some of its pharmaceutical products only to certain warehouses, rejected Denge’s request to work with Allergan and hindered Denge’s activities by restricting its access to Allergan’s products. The Board’s decision is remarkable as it assesses the allegations in detail under both Article 4 (anticompetitive agreements) and Article 6 (abuse of dominant position) of Law No. 4054 on the Protection of Competition (“Law No. 4054”) by discussing the competition literature on certain concepts such as indispensability and essential facilities doctrine and making references to the decisional practice in the European Union.

Mark Twain famously said "Never put off till tomorrow what may be done day after tomorrow just as well." Although procrastination usually does not have serious consequences, careful consideration is needed when enforcing IP rights. In its recent decision in case C‑186/18, the Court of Justice of the European Union ("CJEU") concluded that an unjustified delay in enforcing IP rights may result in the loss of a large part of the claim due to time-limitation.

Havel & Partners' Veronika Dvorakova and Ivan Rames have become Equity Partners, while Lenka Stikova Gachova, Michal Smrcek, and Josef Zaloudek have been promoted to Partner.

Sorainen has promoted nine new Partners in three different countries. Estonia's Kaido Kunnapas and Katlin Krisak, Lithuania's Simonas Skukauskas, Monika Malisauskaite-Vaupsiene, Evaldas Dudonis, Kazimieras Karpickis, and Indre Sceponiene, and Belarus' Ann Laevskaya and Kirill Laptev have all joined the Sorainen partnership at the beginning of 2022.

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