Judgement of the Federal Administrative Court of 19 December 2017 in the “Hors-Liste” case

The Federal Administrative Court, in a so-called cause célèbre, has handed down its judgements in the Hors-Liste case. The case concerned the question as to whether pharmaceutical companies made an anticompetitive agreement with sales outlets, in particular with pharmacies and self-dispensing physicians, something which is prohibited under the Antitrust Act. The pharmaceutical companies issued price recommendations for drugs used to treat erectile dysfunction, some of which had been sold by the sales outlets. WEKO viewed this as prohibited conduct.

According to a procedure which has been lengthy at all stages, the Federal Administrative Court has now found that the pharmaceutical companies did not violate the Antitrust Act. The penalty imposed by WEKO has been lifted accordingly.