Bonus system for prescription-only medicinal products not permitted

The subject matter of the dispute was a pharmacy's discount system which provided for the grant of a bonus upon purchase of prescription-only medications. Upon presentation of a completed bonus card, the pharmacy granted a price reduction of EUR 10.00 upon purchase of non-prescription medicinal products or reimbursed the practice fee paid by the customer.

The Kammergericht Berlin (KG Berlin) assessed this form of discount grant in its judgment of 11.04.2008 (Az. 5 U 189/06) as a breach of the price-binding provisions of §§ 78 AMG (Arzneimittelgesetz), 1, 3 AMPreisV (Arzneimittelpreisverordnung) and thus as an unlawful anti-competitive practice to be ceased. The provisions would be circumvented by the practice described, because their protective purpose, namely to prevent the risk of displacement of economically weaker pharmacies, would be affected.

Due to the breach of the price-binding provisions, the court did not need to address the further question of whether the bonus system constitutes an unlawful advertising allocation pursuant to § 7 Abs. 1 S. 1 HWG (Heilmittelwerbegesetz).