Competition law of the health care companies

Competition law is becoming increasingly important in the healthcare sector. Especially for healthcare companies such as pharmacies, medical supply stores, medical device manufacturers and pharmaceutical companies, competition law issues are on the agenda when introducing and advertising products or developing distribution channels. Physicians also have to consider professional and competition law issues, especially in connection with advertising and patient acquisition, and have become even more aware of these issues with the introduction of the Anti-Corruption Act. For years, the Wettbewerbszentrale in particular has repeatedly taken action against companies in the healthcare industry.

Rapid response to violations

In competition proceedings, in addition to knowledge of the market and knowledge of the law governing this market, the time factor in particular plays a decisive role. This applies both to the request to issue a cease-and-desist declaration with a penalty clause and to the interim legal protection to be applied for in court.

Advice on pharmacy law, pharmaceutical and medical device law

Successful competition law advice to healthcare companies requires not only in-depth knowledge of competition law, but also excellent knowledge of procedural law, medical law and the specific area of law to which the respective companies are subject. We advise you in the areas of pharmacy law and pharmaceutical law as well as medical device law with the necessary knowledge of the market and experience with regard to the usual practices and customs there.

Legal Warning letters and cease-and-desist declarations

Have you wrongly been accused of having committed violations of competition law and have therefore received a legal warning? Have you been requested to submit a cease-and-desist declaration with a penalty clause? Have you received a temporary injunction and have to defend yourself against it? Or do you believe that a competing healthcare company is behaving in an anti-competitive manner? We can advise you on these and many other questions. We evaluate the permissibility of competitive actions, take over the examination of possible claims for injunctive relief and damages, and develop the optimal strategy for action for you. We support you both in drafting and responding to cease-and-desist letters and in formulating cease-and-desist declarations that are in line with your interests. Our team will not only assist you in enforcing your claims out of court, but will also represent you in any subsequent preliminary injunction proceedings and main proceedings.

Preventive advice

Of course, we will also act preventively for you in order to avoid disputes under competition law as far as possible. We will be happy to assist you in the planning and design of your advertising concepts, your external appearance, your homepage and the promotion of certain products.

Contact person

Dr. Dominique Jaeger

Partner | Specialist Lawyer for Medical Law

Dr. Felix Heimann

Partner | Specialist Lawyer for Medical Law

Key aspects

  • Preventive audit of homepage, flyers, newspaper articels and advertisements
  • Drafting of Concepts for marketing and advertising for healthcare companies, hospitals and (dental) doctors
  • Warning letters and preparation of cease-and-desist declarations with penalty clause
  • Defence against unjustified warning letters
  • Legal representation in preliminary injunction and main action proceedings