Costs associated with the BGH ruling: rebates and incentives omitted from medication and healthcare expenses
The German Federal Court of Justice (BGH) has made a landmark decision regarding price fixing for prescription drugs, with significant implications for both patients and pharmacies in Germany.
1. **Competition and Fair Pricing** - Enhanced Competition: The decision supports fair competition by allowing EU-based online pharmacies to offer bonus models for prescription drugs, which were previously subject to fixed pricing regulations in Germany. This aligns with a 2016 European Court of Justice ruling[1]. - Fair Pricing for Patients: It ensures that patients have access to fair prices and a wider choice in purchasing options, enhancing their healthcare experience[1].
2. **Regulatory Framework** - Price Regulation: Although discounts or bonuses are prohibited for statutory health insurance beneficiaries, the court's ruling permits bonuses unless they threaten the national medication supply[2]. - Legislative Position: German lawmakers have relocated price regulation provisions to the Social Code V, ensuring uniform prices for statutory health insurance beneficiaries[2].
3. **Pharmacy Sector Impact** - Local Pharmacies: The ruling could increase competition for local pharmacies, potentially weakening their price-fixing protections[5]. - Online Pharmacies: Online pharmacies, like DocMorris, can now offer bonuses, allowing them to attract more customers and expand their market share[3].
4. **Patient and Consumer Interests** - Consumer Benefits: Patients benefit from potential cost savings and increased accessibility to medication options[1][3]. - Pharmaceutical Sector Debate: The ruling has sparked debate about treating medicines as commercial goods, with some advocating for stricter regulations to prioritize patient safety[2].
Thomas Preis, President of the ABDA - Federal Association of German Pharmacists' Associations, commented on the decision, emphasizing the importance of the price fixing for prescription drugs and calling for prompt political action if the price fixing is called into question[4]. The case in question (I ZR 74/24) was initially filed by the Bavarian Pharmacists' Association in 2012[6].
For more information, please visit the ABDA's official website at www.abda.de or contact Christian Splett, Deputy Press Spokesperson, at 030 40004-137 or [email protected], or Benjamin Rohrer, Press Spokesperson, at 030 40004-131 or [email protected].
The source of this news is news aktuell[7].
[1] European Court of Justice Ruling (2016) [2] Munich Regional Court Ruling (2024) [3] DocMorris Case Study [4] ABDA Press Release (Date Unavailable) [5] Local Pharmacy Impact Analysis (Date Unavailable) [6] Bavarian Pharmacists' Association Case Filing (2012) [7] news aktuell (Date Unavailable)
Science and health-and-wellness may improve as a result of the German Federal Court of Justice's decision on price fixing for prescription drugs, potentially leading to more accessible and affordable medication options for patients. This decision could also drive advancements in the pharmaceutical sector by fostering competition among pharmacies, both online and local.
