A German court sanctions price-fixing among retailers after discontinuation of drugs regulatory retail price maintenance (OTC-Praparate)

Background According to German competition law, companies which exchange information about their future market activity might be found to be in breach of competition law rules. Article 1 of the German Competition Act (GWB) includes a prohibition of ‘concerted practices' the effect or objective of which is to significantly restrict competition. The exchange of information on future prices is considered to have a particularly high anti-competitive potential. Summary of the case The defendant is an owner of a pharmacy which is one of the three biggest in town. Drugs sold over-the-counter (not requiring prescription, ‘OTC') represent around 15% of the total revenue. A federal law which came into force on 01 January 2004 abolished the retail price maintenance (‘RPM‘) which applied to OTC

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  • DG COMP (Brussels)

Quotation

Michal Mottl, A German court sanctions price-fixing among retailers after discontinuation of drugs regulatory retail price maintenance (OTC-Praparate), 13 September 2006, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 13663

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