Contesting Discounted Medicine Orders: The Legal Scuffle Over Pharmacy Competition in Germany
Pharmacy controversy: BGH ponders over medicine ordering price cuts - Drug price reduction negotiations: BGH involves in pharmacy disagreement
Hey there! Let's dive into the latest legal sparring match involving a Dutch company and the German Pharmacists' Association.
This Dutch company, bypassing German pharmaceutical wholesalers, shipped prescription medicines to customers within the country. The intriguing part? Customers received a three euro bonus per medication and rewards of up to nine euros for completing forms or phone consultations. Sounds enticing, right?
Well, not according to the German Pharmacists' Association. They deemed the company's tactics anti-competitive. This dispute sparked a court case in Germany, with the European Court of Justice (ECJ) stepping in back in 2016 to rule against price-fixing for prescription medicines at online pharmacies abroad.
Fast-forward to now, the Munich Higher Regional Court took the ECJ's ruling into account, favoring the Pharmacists' Association, citing potential pharmacy closures in Germany as a possible supply issue.
The Federal Court of Justice (BGH) is the one now deciding if they applied the correct standards. During the hearing, it seemed that the reasoning and data provided by the Higher Regional Court and the Federal Government were lacking in depth and statistical analysis.
As we wait for the BGH's verdict, which is yet to be announced, it's worth noting that we're dealing with an old case under old laws. Since late 2020, prescription medicine prices have been equalized everywhere - in local pharmacies and online pharmacies, but only for those with statutory health insurance. Despite the BGH's ruling in this ongoing dispute between online and local pharmacies, it's unlikely to be the final word.
Lastly, it's interesting to mention that Germany has been working to bolster local pharmacies and regulate the pharmacy sector. In the past few years, discounts on prescription medications have been banned, ensuring a fair market. However, recent coalition agreements hint at the possibility of rescinding this ban, potentially boosting competition between online and local pharmacies. Additionally, initiatives to support rural pharmacies and promote digitalization within the sector are in the works, aiming to amplify the role of local pharmacies in healthcare while fostering digital innovations.
- Federal Court of Justice
- Discount Offer
- Pharmacy
- Online Pharmacy
- Germany
- ECJ
- Netherlands
- Medicine Pricing
- Competition
- Pharmacists' Association
- Digitalization
- Local Pharmacy Support
[1]: Reference omitted for brevity - for precise data, search legal databases or court decisions.
- The Dutch company, offering discounts on medicines and rewards, has been involved in a legal dispute with the German Pharmacists' Association regarding anti-competitive practices.
- The court case has received attention from the European Court of Justice (ECJ), which previously ruled against price-fixing at online pharmacies abroad.
- The Federal Court of Justice (BGH) is now deciding whether the Munich Higher Regional Court applied the correct standards.
- In Germany, the government has been striving to support local pharmacies, ban discounts on prescription medications, and promote digitalization within the sector.
- Recent coalition agreements in Germany suggest a potential rescinding of the ban on discounts, which could intensify competition between online and local pharmacies.
