D – The appeal against the so-called transparency code of the European Federation of Pharmaceutical Industries and Associations (EFPIA) filed by the German Promotional Products Association e.V. (GWW) has been rejected. The code that was approved on June 24, 2013 foresees among others a complete ban on the implementation of inexpensive promotional products for the promotion of medicines that are only available on prescription by personnel with medical qualifications from July 2014 onwards. The German supervisory authorities did not share the opinion of the GWW that the EFPIA resolution amounts to anti-competitive behaviour.
To substantiate its arguments, the GWW had commissioned the Cologne Institute for Market research to collect market data, which would indicate the extent of the possible damage this ban would have on the industry. However, the authorities did not consider this data to be sufficient proof. The GWW dismisses the conclusion of the Federal Cartel Office that in its present form the data collected “does not provide sufficient evidence of the effective impact of the EFPIA’s amending resolution”. “Based on the available figures it is already evident that the EFPIA resolution will lead to a three-digit million loss in turnover for the German promotional products market alone – annually,” stated the GWW Chairman, Patrick Politze.