The German Higher Regional Court of Celle court finds that a minimum resale price campaign does not result in an appreciable restriction of competition given the campaign’s limited timeframe and scope (Almased Wellness)

In its judgement of 7 April 2016, [1] the Celle Higher Regional Court (“the Court”) found that resale price maintenance (“RPM”) does not per se result in an appreciable restriction of competition. The Court held that the setting of a minimum resale price in the framework of a promotion offered to pharmacies in Germany for the sale of a die-tary product did not constitute an appreciable restriction of competition and therefore did not infringe competition law given the promotion’s limited timeframe and scope. 1. Facts and Decision The Defendant, Almased Wellness GmbH (“Almased”), is the manufacturer of the die-tary product Almased-Vitalkost (the “Product”). The Product is sold in pharmacies and drug stores as well as by numerous suppliers via the internet. Almased has a share in the mar-ket

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Christoph Krüger, The German Higher Regional Court of Celle court finds that a minimum resale price campaign does not result in an appreciable restriction of competition given the campaign’s limited timeframe and scope (Almased Wellness), 7 April 2016, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 83118

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