The German Federal Cartel Office imposes fine on association of pharmaceutical companies for participating in price fixing among pharmacists (OTC pharmaceuticals)

I. The facts of the case The decision of the Federal Cartel Office (FCO) deals with the pharmaceutical sector in Germany. In 2004 the German market for non-prescription pharmaceuticals was further liberalized. According to the new pharmaceutical law the prices for non-prescription pharmaceuticals could be determined independently by the pharmacists (with certain exceptions). Those so called OTC-pharmaceuticals (“Over The Counter”) account for a major part of the revenue of German pharmacists. Hence, with the introduction of the new law both the pharmaceutical industry and the pharmacists were afraid that price competition among pharmacies could reduce the margin and therefore the overall revenue on the respective production- and distribution-levels. An association of some major

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  • Eberhard Karls University of Tübingen

Quotation

Stefan Thomas, The German Federal Cartel Office imposes fine on association of pharmaceutical companies for participating in price fixing among pharmacists (OTC pharmaceuticals), 21 December 2007, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 21561

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