Federal Supreme Court

The opponents have received a further shock shopping vouchers and other bonus models when buying prescription drugs: already the Federal Supreme Court (BGH) competition law had cleared the way for mini bonuses, the higher administrative court (OVG) has decided now Luneburg that also administratively RX bonuses may be prohibited, as they move into the Bagatellbereich. The Lower Saxony higher administrative court thus made a spanner in the some market participants, hoping to prevent mini bonuses at least by way of administrative regulatory prohibitions. However the Court has considered more closely the scope for pharmacies thalers and other monetary benefits in competition law: already in general the threshold of intervention of administrative authorities is allowed, the Court considers is lower than the competition law minimis. On the other hand the Court is prepared to concede less bonuses pharmacies than pure Offizin pharmacies. Whether or not other Administrative courts follow this course of compromise proposed by the OVG Luneburg, remains to be seen however. Also will need to arrive yet, up to what specific amount vouchers and other bonuses by the competent pharmacy regulator must be rejected.

Finally, it is also still unclear, whether the minimis applies even when immediate bar on RX drug discounts are granted. The OVG Luneburg is the hostile, the BGH had expressed, possibly between the lines. So also in this respect still not spoken the last word. Other non-binding and free information relating to food law, see

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