Pharmacies in Breda Cease Restrictions on Competition

Fourteen pharmacies in Breda and surroundings have ceased their anticompetitive behaviour following action taken by NMa. The pharmacies have made their admission criteria for participation in the electronic network for the exchange of data on patients and medication objective and transparent. This occurred after the Netherlands Competition Authority (NMa) drew up a report after receiving a complaint. NMa suspected that the pharmacies involved had refused to allow another pharmacy in Breda to participate in the electronic network on the basis of criteria which were not objective. The parties have now taken steps to ensure that their behaviour complies with the Competition Act. NMa has decided against imposing an order subject to a penalty or a fine.

Together with local doctors, the fourteen pharmacies entered into a joint venture for the management and maintenance of an electronic network for the exchange of patient and medication data. Through this network, the participant pharmacies have access at any moment to up-to-date patient data which enables them to guarantee that the patient is given the correct medicines (medication monitoring). By doing so, the patient can receive optimal and quick assistance by every pharmacy with access to these data. A large number of pharmacies in Breda are connected to this network. Since participation in the network gives rise to significant economic advantages, access to the system may only be refused on the basis of objective and transparent criteria, because otherwise competition can be restricted to the exclusion of newcomers.

The joint venture of pharmacies has amended the admission criteria for participation in the electronic network in a number of respects. The admission procedure is now transparent and objective and admission criteria apply. Pharmacies which are not admitted may appeal to an independent appeals body.

NMa takes action in the healthcare sector in areas where the government wishes to make competition possible. NMa focuses, in particular, on ensuring that the entry of new parties is not obstructed and that competition between existing parties is not restricted. NMa’s Agenda 2004 gives priority to the healthcare sector.