BGH: Ban on advertising fees for German pharmacies

The Federal Court of Justice (BGH) has deemed the giving away of bread roll vouchers and one-euro vouchers for the purchase of prescription drugs in pharmacies to be anti-competitive. Such an approach violates the applicable price maintenance regulations. The proceedings were based on actions brought by the competition agencies, which successfully argued that the old law on the advertising of medicinal products permitted small gifts, but that this passage was deliberately deleted by the legislator in 2013(press release of the BGH on judgments of June 6, 2019, ref.: I ZR 206/17 and I ZR 60/18).

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