Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| COMPETITION in HEALTH SECTOR | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Doruk UTKU |
| Name of Lecturer(s) | Assist.Prof. Doruk UTKU |
| Assistant(s) | Research Assistant Sinem TAŞTEKİN |
| Aim | Learning the fundamentals of competition law practices regarding health sector. |
| Course Content | This course contains; Goals and history of competition law, general system of the Act on the Protection of Competition.,Application of the Act on the Protection of Competition,The concepts of undertaking and association of undertakings in competition law,The concepts of agreement and concerted practice in competition law,The concept of dominant position in competition law,Definition of relevant market in competition law investigations,Examples of anti-competitive agreements and concerted practices,Examples of abuse of dominant position,Mergers and Acquisitions,Price-fixing agreements regarding health sector ,Market sharing agreements in health sector,Abuse of dominant position in health sector,Sağlık sektöründe birleşme ve devralmalar,Pharmaceutical sector and competition law. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Discusses the key objectives of competiton law. | 10, 16, 9 | A |
| 1.1. Discusses the theory of perfect competition. | 10, 16, 9 | A |
| 1.2. Identifies the concepts of allocative efficieny and productive efficiency. | 10, 16, 9 | A |
| 2. Remembers the basic concepts of competition law. | 10, 16, 9 | A |
| 2.1. Uses the legal terminology of competition law. | 10, 16, 9 | A |
| 2.2. Interprets the legislation regarding competition law. | 10, 16, 9 | A |
| 3. Categorizes agreements and other forms of cooperation between undertakings in the context of competition law. | 10, 16, 9 | A |
| 3.1. Distinguishes between horizontal ve vertical agreements. | 10, 16, 9 | A |
| 3.2. Identifies concerted practices. | 10, 16, 9 | A |
| 4. Identifies agreements, concerted practices and decisions of associations of undertakings that are restrictive to competition. | 10, 16, 9 | A |
| 4.1. Distiguishes the agreements which require individual or block exemption for legal validity. | 10, 16, 9 | A |
| 4.2. Identifies anti-competitive contractual terms. | 10, 16, 9 | A |
| 5. Identifies the acts of abuse of dominant position. | 10, 16, 9 | A |
| 5.1. Identifies dominant market positions. | 10, 16, 9 | A |
| 5.2. Defines the acts of abuse of dominant position. | 10, 16, 9 | A |
| 6. Identifies anti-competitive agreements and practices regarding health sector. | 10, 13, 16 | A |
| 6.1. Identifies the practices of abuse of dominant position regarding health sector. | 10, 13, 16 | A |
| 6.2. Identifies anti-competitive agreements, concerted practices and decisions of undertaking associations regarding health sector. | 10, 13, 16 | A |
| 6.3. Discusses the sanctions applied in competition law. | 10, 13, 16 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Goals and history of competition law, general system of the Act on the Protection of Competition. | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 1-21. |
| 2 | Application of the Act on the Protection of Competition | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 321-363. |
| 3 | The concepts of undertaking and association of undertakings in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 22-36. |
| 4 | The concepts of agreement and concerted practice in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 50-61. |
| 5 | The concept of dominant position in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 163-173. |
| 6 | Definition of relevant market in competition law investigations | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 37-38. |
| 7 | Examples of anti-competitive agreements and concerted practices | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 69-85. |
| 8 | Examples of abuse of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 179-206. |
| 9 | Mergers and Acquisitions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 207-236. |
| 10 | Price-fixing agreements regarding health sector | Turkish Competition Board decision date: 24.02.2022 no. 22-10/152-62; Turkish Competition Board decision date: 24.04.2007 no.07-34/342-123; Turkish Competition Board Decision date: 25.10.2005 tarih no.05-73/988-275; Turkish Competition Board decision date:18.12.2003 no.03-81/969-398 |
| 11 | Market sharing agreements in health sector | Turkish Competition Board decision date: 26.05.2022 no. 22-24/390-161; Turkish Competition Board decision date: 24.04.2007 no.07-34/342-123; Turkish Competition Board Decision date: 25.10.2005 tarih no.05-73/988-275; Turkish Competition Board decision date:18.12.2003 no.03-81/969-398 |
| 12 | Abuse of dominant position in health sector | Turkish Competition Board decision date: 19.11.2020 no. 20-50/695-306; Turkish Competition Board decision date: 14.11.2019 no.19-40/665-286 |
| 13 | Sağlık sektöründe birleşme ve devralmalar | Turkish Competition Board decision date: 09.12.2023 no.23-07/112-34; Turkish Competition Board decision date: 24.03.2022 no.22-14/233-101; Turkish Competition Board decision date: 17.03.2022 no.22-13/209-89 |
| 14 | Pharmaceutical sector and competition law | KARAKOÇ Hakan Deniz, İlaç Sektöründe Fiyat Rekabeti, Competition Expert Thesis, Turkish Competition Authority, Ankara 2005; GÜLERGÜN, Emin Cenk / KARAKOÇ, Hakan Deniz / HATİPOĞLU, Cumhur Atalay, Rekabet Kurumu İlaç Sektörü Raporu, Ankara 2013.; Turkish Competition Board decision date: 01.07.2021 no.21-33/446-222; Turkish Competition Board decision date: 02.01.2020 no.20-01/14-06 |
| Resources |
| Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023. |
| Rekabet Kurumu İlaç Sektörü Raporu, Ankara 2013. Karakoç, Hakan Deniz, İlaç Sektöründe Fiyat Rekabeti, Ankara 2005. Özbuğday, Fatih Cemil, 'Sağlık Sektöründe Rekabet', Rekabet Kurumu, Perşembe Konferansları, 21.04.2014, Ankara 2015. Gürkaynak, Gönenç, Rekabet Hukuku, Ankara 2022. Aslan, İ. Yılmaz, Rekabet Hukuku, 6th edition, Bursa 2021. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of health law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the health law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of health law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas | X | |||||
| 3 | PY3) Evaluate and use new information within the health law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about health law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of health law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of health law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of health law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of health law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | ||||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 60 | 60 | |||
| General Exam | 1 | 100 | 100 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 202 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(202/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| COMPETITION in HEALTH SECTOR | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Assist.Prof. Doruk UTKU |
| Name of Lecturer(s) | Assist.Prof. Doruk UTKU |
| Assistant(s) | Research Assistant Sinem TAŞTEKİN |
| Aim | Learning the fundamentals of competition law practices regarding health sector. |
| Course Content | This course contains; Goals and history of competition law, general system of the Act on the Protection of Competition.,Application of the Act on the Protection of Competition,The concepts of undertaking and association of undertakings in competition law,The concepts of agreement and concerted practice in competition law,The concept of dominant position in competition law,Definition of relevant market in competition law investigations,Examples of anti-competitive agreements and concerted practices,Examples of abuse of dominant position,Mergers and Acquisitions,Price-fixing agreements regarding health sector ,Market sharing agreements in health sector,Abuse of dominant position in health sector,Sağlık sektöründe birleşme ve devralmalar,Pharmaceutical sector and competition law. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Discusses the key objectives of competiton law. | 10, 16, 9 | A |
| 1.1. Discusses the theory of perfect competition. | 10, 16, 9 | A |
| 1.2. Identifies the concepts of allocative efficieny and productive efficiency. | 10, 16, 9 | A |
| 2. Remembers the basic concepts of competition law. | 10, 16, 9 | A |
| 2.1. Uses the legal terminology of competition law. | 10, 16, 9 | A |
| 2.2. Interprets the legislation regarding competition law. | 10, 16, 9 | A |
| 3. Categorizes agreements and other forms of cooperation between undertakings in the context of competition law. | 10, 16, 9 | A |
| 3.1. Distinguishes between horizontal ve vertical agreements. | 10, 16, 9 | A |
| 3.2. Identifies concerted practices. | 10, 16, 9 | A |
| 4. Identifies agreements, concerted practices and decisions of associations of undertakings that are restrictive to competition. | 10, 16, 9 | A |
| 4.1. Distiguishes the agreements which require individual or block exemption for legal validity. | 10, 16, 9 | A |
| 4.2. Identifies anti-competitive contractual terms. | 10, 16, 9 | A |
| 5. Identifies the acts of abuse of dominant position. | 10, 16, 9 | A |
| 5.1. Identifies dominant market positions. | 10, 16, 9 | A |
| 5.2. Defines the acts of abuse of dominant position. | 10, 16, 9 | A |
| 6. Identifies anti-competitive agreements and practices regarding health sector. | 10, 13, 16 | A |
| 6.1. Identifies the practices of abuse of dominant position regarding health sector. | 10, 13, 16 | A |
| 6.2. Identifies anti-competitive agreements, concerted practices and decisions of undertaking associations regarding health sector. | 10, 13, 16 | A |
| 6.3. Discusses the sanctions applied in competition law. | 10, 13, 16 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Goals and history of competition law, general system of the Act on the Protection of Competition. | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 1-21. |
| 2 | Application of the Act on the Protection of Competition | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 321-363. |
| 3 | The concepts of undertaking and association of undertakings in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 22-36. |
| 4 | The concepts of agreement and concerted practice in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 50-61. |
| 5 | The concept of dominant position in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 163-173. |
| 6 | Definition of relevant market in competition law investigations | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 37-38. |
| 7 | Examples of anti-competitive agreements and concerted practices | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 69-85. |
| 8 | Examples of abuse of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 179-206. |
| 9 | Mergers and Acquisitions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023, pp. 207-236. |
| 10 | Price-fixing agreements regarding health sector | Turkish Competition Board decision date: 24.02.2022 no. 22-10/152-62; Turkish Competition Board decision date: 24.04.2007 no.07-34/342-123; Turkish Competition Board Decision date: 25.10.2005 tarih no.05-73/988-275; Turkish Competition Board decision date:18.12.2003 no.03-81/969-398 |
| 11 | Market sharing agreements in health sector | Turkish Competition Board decision date: 26.05.2022 no. 22-24/390-161; Turkish Competition Board decision date: 24.04.2007 no.07-34/342-123; Turkish Competition Board Decision date: 25.10.2005 tarih no.05-73/988-275; Turkish Competition Board decision date:18.12.2003 no.03-81/969-398 |
| 12 | Abuse of dominant position in health sector | Turkish Competition Board decision date: 19.11.2020 no. 20-50/695-306; Turkish Competition Board decision date: 14.11.2019 no.19-40/665-286 |
| 13 | Sağlık sektöründe birleşme ve devralmalar | Turkish Competition Board decision date: 09.12.2023 no.23-07/112-34; Turkish Competition Board decision date: 24.03.2022 no.22-14/233-101; Turkish Competition Board decision date: 17.03.2022 no.22-13/209-89 |
| 14 | Pharmaceutical sector and competition law | KARAKOÇ Hakan Deniz, İlaç Sektöründe Fiyat Rekabeti, Competition Expert Thesis, Turkish Competition Authority, Ankara 2005; GÜLERGÜN, Emin Cenk / KARAKOÇ, Hakan Deniz / HATİPOĞLU, Cumhur Atalay, Rekabet Kurumu İlaç Sektörü Raporu, Ankara 2013.; Turkish Competition Board decision date: 01.07.2021 no.21-33/446-222; Turkish Competition Board decision date: 02.01.2020 no.20-01/14-06 |
| Resources |
| Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th edition, Bursa 2023. |
| Rekabet Kurumu İlaç Sektörü Raporu, Ankara 2013. Karakoç, Hakan Deniz, İlaç Sektöründe Fiyat Rekabeti, Ankara 2005. Özbuğday, Fatih Cemil, 'Sağlık Sektöründe Rekabet', Rekabet Kurumu, Perşembe Konferansları, 21.04.2014, Ankara 2015. Gürkaynak, Gönenç, Rekabet Hukuku, Ankara 2022. Aslan, İ. Yılmaz, Rekabet Hukuku, 6th edition, Bursa 2021. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of health law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the health law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of health law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas | X | |||||
| 3 | PY3) Evaluate and use new information within the health law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about health law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of health law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of health law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of health law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of health law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | ||||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |