SOMWA

BGH judgment of the 09.09.2010 in terms of RX bonuses we are even disappointed and concerned to see / / to the curtain and open all questions “: this Widad Brecht quotation may have come not only the pharmacy practice overlooking the BGH judgment of the 09.09.2010 in terms of RX bonuses in the sense, but also the Chairman of the I. responsible for the judgment civil Senate, Joachim Bornkamm, itself.” It is unusual, that a Federal Supreme Court judge personally publicly commented on its decisions, as this Bornkamm did several times in the past few weeks in the industry press. This was certainly well intentioned in the result but not particularly useful for the practice. Where exactly in the area of 1.00 5.00 euro is the limit at which an RX discount exceeds the minimis and is thus competitively inadmissible? Is the minimis opened by the Federal Supreme Court to bar discounts transferable? All of these questions are still open. Meanwhile, individual Chambers of pharmacists and regulators already in the starting blocks, to cumulative discounts with the stand Means of professional and administrative law to combat.

Even if the Joint Senate of the Supreme soon should make clear that federal courts, that the medicine pricing Regulation (AMPreisV) also applies to foreign mail-order pharmacies, national discrimination threatens at least below the minimis which currently consists of the granting of mini bonuses”to be cemented. Because the German pharmacies probably can wait on an intervention of the legislator, left them only two options: mini bonuses without or but legal challenge through, whether actually work – and administratively can be prohibited, what is competition law allowed. Ultimately this would also make the AMPreisV itself to the legal test prospects open. Until this is clarified but final analysis, you will once again have to live well as well as a clarification of the question where exactly the competition-legal minimum, with a fragmented instance jurisdiction. Not only friends of Brecht, But even lawyers are therefore at least come by the Federal Supreme Court decisions of the 09.09.2010 at their own expense. Get more information at