The Court of Appeal of Brussels upholds the NCA’s ruling holding that the opening days/hours and advertising provisions for pharmacy outlets, as set by the Belgian Pharmacists Association, were contrary to competition law (Ordre des pharmaciens)

1. The Parties The parties to the matter were: – L'Ordre des pharmaciens (the Belgian Pharmacists Association, “BPA”), a public body established in Brussels; – Mrs. E. Servais, pharmacist in Grez-Doiceau; – Les Pharmacies Mont-Saint-Pont, a private corporation established in Braine l'Alleud; – Mr. G. Masson, pharmacist in Brussels; and, – Multipharma corporation, a company established in Anderlecht. 2. The Facts BPA, among other duties, establishes national deontological rules promulgated in the Code of Deontology (hereinafter, the “Code”). The Code is actually implemented through agreements at local pharmaceutical associations level. The instant case arose when BPA instituted several disciplinary actions against some pharmacists, alleging violations of the Code. Specifically, the

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Norman Neyrinck, Laurie Caucheteux, The Court of Appeal of Brussels upholds the NCA’s ruling holding that the opening days/hours and advertising provisions for pharmacy outlets, as set by the Belgian Pharmacists Association, were contrary to competition law (Ordre des pharmaciens), 7 April 2009, e-Competitions April 2009, Art. N° 30029

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