Belgium: BCA imposes €1M fine on “l’Ordre des pharmaciens” for restrictive practices

The Competition College of the Belgian Competition Authority (BCA) imposed a fine of 1 million euros on “l’Ordre des pharmaciens – Orde der apothekers” for implementing restrictive practices aimed at hindering the MediCare-Market group’s development on the market for pharmacists services, or even expelling it from this market.

The College confirmed the draft decision of the Investigation and Prosecution Service and noted in its decision of 28 May 2019 that the National Council of “l’Ordre des pharmaciens – Orde der apothekers” had infringed Articles IV.1 CEL and 101 TFEU between October 2015 and January 2017 by adopting a strategy and implementing it in order to defend the economic interests of the majority of its members.

The National Council of “l’Ordre des pharmaciens – Orde der apothekers” is responsible for developing the Code of Ethics and is the guardian of the non-commercial nature of the profession of the pharmacist. In this respect, it may refer a matter to the disciplinary councils and lodge an appeal against their decisions. The decisions of the National Council of “l’Ordre des pharmaciens – Orde der apothekers” are therefore likely to have a direct impact on the profession of the pharmacist in general.