D – The German Promotional Products Association (GWW) and all of its member associations have appealed to the European Commission as well as to the Bundeskartellamt (Federal Cartel Office) against the transparency code passed by the European Federation of Pharmaceutical Industries and Associations, EFPIA, on June 24, which foresees among others a complete ban on the implementation of inexpensive promotional products. The EFPIA’s course of action is considered to be “anticompetitive behaviour“.
Meanwhile, the European Commission has confirmed receipt of the correspondence and has announced that they intend to release a statement in this connection. In addition, the Federal Cartel Office is also addressing the matter and – according to a press release of the GWW – has asked for the “presentation of more comprehensive data, in order to be able to assess the facts and the effects of the ban, which allegedly lie over the appreciability threshold of 10% that is laid down in the Federal Republic“. The first data on the effects of the amendment, which was presented by the latest business survey carried out by the Cologne-based market research company, the Institut für Handelsforschung IfH, was not comprehensive enough for the authorities.
The promotional products industry has now been requested to carry out an in-depth economic analysis of the market effects within the new few weeks, which will enable the Federal Cartel Office to examine the restrictions resulting from the transparency code in detail. To this end, the turnovers earned via the pharmaceutical industry – in relation to the overall turnover – are to be determined. For this purpose, within the new few days all of the PSI members in Germany are to be interviewed by the Institut für Handelsforschung, which is connected to the Cologne University.