The Danish Competition Council found an insolvency agreement between three medical wholesale dealers and the Danish Pharmaceutical Association to be incompatible with Art. 81 EC and relevant national competition law provision (Nomeco, Tjellesen, Max Jenne and Danmarks Apotekerforening)

Facts In 1997, the Danish Pharmaceutical Association (“DPA”) entered into a so-called “Insolvency Agreement” with the three wholesalers of medicinal products (“the wholesalers”) active in Denmark. The agreement sought to help insolvent pharmacies - those incurring debts superior to 1 million Danish Kroner, more or less 135000 € - to face financial difficulties. Pursuant to the agreement, the wholesalers committed to maintain their supplies to insolvent pharmacists on usual credit terms. In return, pharmacies engaged into an exclusive purchase relationship, which prevented them from diverting orders to rival wholesalers. In 1997, twenty two pharmacies had their trade pattern locked in due to this agreement. The agreement was established and then administered by the DPA. The agreement