The aim of the Corona Protective Masks Ordinance (SchutzmV) is to give risk groups access to FFP2 masks at a reduced price. They are distributed via pharmacies. The Protection Ordinance also provides for a co-payment of €2 for consumers. The easy pharmacy had advertised with the slogan“We will pay the €2 co-payment for you“. The Wettbewerbszentrale considered this to be a violation of competition law. The Düsseldorf judges agreed with this view in the preliminary injunction proceedings: The SchutzmV is intended to regulate the behavior of consumers, and therefore the market. The aim is to ensure that the scarce protective masks are purchased and used by customers who really need them and use them sensibly. It is therefore a rule of market conduct. Violations of this are also anti-competitive and can therefore be warned. The decision is not yet legally binding. However, pharmacists’ associations are already warning their members against all discount campaigns in connection with FFP2 masks (Düsseldorf Regional Court, decision of January 15, 2021, Ref. 34 O 4/21).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.