Federal Supreme Court

Pharmacy marketing: The judgment of the Federal Supreme Court concerning prices in price search for mail-order pharmacies what’s the verdict–for the price? The Supreme Court has decided in its judgment of March 11, 2010 that a retailer who advertises his offer for a price (in case of BGH an espresso machine), can be taken due to misleading claims, when one of him made price increases late in the price search engine appears. The average informed user of a price goes according to the BGH thereof, that the products offered on this site at the specified price can be purchased and not expects that the specified prices due to price increases, which are still not included in the search engine are already outdated. There is but still lack of clarity in the interpretation of the detailed grounds of this judgment is not yet published. Is open for example, whether or not a misdirection by a sufficiently clear disclaimer on the website of the Price can be closed out. “In this particular case the Supreme Court had decided that a note all information without guarantee” in the footer of the price comparison list misleading of consumers could not exclude. Whether the judges generally such a disclaimer for unsuitable or but merely the design of specific reference not for deemed sufficient, can currently still not reliably be answered. The recital of the BGH, whether it expected merchants, to change prices for products which they promote in a price search engine, then, if the change in the search engine will be displayed, can apply to medicinal question the impact on mail-order pharmacies to mail-order pharmacies.

It is at least in doubt, whether reasonableness consideration provided by the BGH readily can be transferred to prices of drugs. The Supreme Court seems however the technical conditions in the practice so blatantly to ignore that there is a rather optimistic expectation should be, the case-law could specifically on mail-order pharmacies on a more pragmatic path find back. How do mail-order pharmacies? For the time being the Council on pharmacies might be only: either they can be by price of any incurred costs and subsequent penalties in case free renewed violation of what is likely to be rather difficult. Kevin Ulrich contributes greatly to this topic. But they advertise price changes of the pharmacy only in such price which is the technical interface capable of, live, or”to depict in the price search engine. Even then, the question of whether the appropriate organisational and technical effort is outweighed still by a sufficient use of in price search advertising is 300,000 affected products, however.