The Turkish Competition Authority, Rekabet Kurumu, has initiated a formal investigation into Teva İlaçları San. ve Tic. AŞ, Teva Pharmaceuticals Europe B.V., and Teva Pharmaceutical Industries Ltd. to determine whether the companies infringed Article 6 of the Turkish Competition Law by engaging in practices that may have restricted competition from generic medicines.

According to the Authority’s announcement, the investigation focuses on Teva’s patent-related practices as well as its communications with healthcare authorities regarding competing pharmaceutical products.

Scope of the Investigation

The investigation was launched following the Competition Board’s decision dated 6 August 2026 (Decision No. 26-28/804-M).

The Authority will examine whether Teva employed certain patent strategies that could have delayed or hindered the market entry of generic medicines after the expiry of protection for the active pharmaceutical ingredient.

In particular, the investigation concerns:

  • divisional patent applications relating to manufacturing processes and dosage regimens;
  • the subsequent withdrawal of certain patents; and
  • whether these practices may have restricted competition in the Turkish pharmaceutical market.

The Competition Authority will also assess whether Teva created a misleading perception before healthcare authorities concerning the safety and efficacy of competing medicines.

Patent Strategies and Competition Law

The investigation highlights the growing interaction between patent law and competition law in the pharmaceutical sector.

Filing divisional patent applications or seeking protection for manufacturing processes, formulations or dosage regimens after the expiration of a core patent is not, by itself, unlawful under patent law.

However, competition authorities may examine whether such filings form part of a broader strategy intended to delay generic entry or improperly extend market exclusivity.

The Turkish investigation will assess whether the patent portfolio management practices adopted by Teva amounted to an abuse of dominance under Article 6 of the Turkish Competition Law.

Relationship with the European Commission’s Copaxone Decision

Although the Turkish Competition Authority’s announcement does not expressly refer to Copaxone, the investigation has attracted attention because it addresses issues similar to those examined by the European Commission in its 2024 decision against Teva.

In that case, the European Commission imposed a fine of €462.6 million after concluding that Teva had abused its dominant position by implementing patent strategies designed to delay generic competition for Copaxone and by conducting communication campaigns concerning competing medicines.

The Turkish investigation appears to examine comparable issues relating to divisional patent applications and communications with healthcare authorities.

Nevertheless, the Turkish proceeding is an independent investigation conducted under Turkish competition law, and no conclusion regarding any infringement should be drawn at this stage.

Investigation Does Not Mean an Infringement Has Been Established

The Turkish Competition Authority has emphasized that opening an investigation does not imply that the companies concerned have violated competition law.

The purpose of the investigation is to determine whether Article 6 of Law No. 4054 on the Protection of Competition has been infringed. Any finding of liability will depend on the evidence gathered during the investigation and the Competition Board’s final decision.

Significance for the Pharmaceutical Industry

The investigation reflects increasing regulatory attention to the relationship between patent strategies and pharmaceutical competition.

In particular, the Competition Authority’s review may provide further guidance on how patent portfolio management, divisional applications and related practices will be assessed under Turkish competition law.

The case is also consistent with the Authority’s broader focus on the pharmaceutical sector, following the publication of its pharmaceutical sector inquiry and ongoing efforts to ensure effective competition in markets involving innovative and generic medicines.