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ARTICLE · 08 MARCH 2007

Pfizer´s Direct To Pharmacy Distribution Model: High Court Refuses Interim Injunction

CMS Cameron McKenna Nabarro Olswang
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On 2 March 2007, the High Court rejected an application for an interim injunction which, if granted, would have seriously disrupted Pfizer’s implementation on 5 March of a new Direct to Pharmacy model for distribution of its pharmaceutical products.

United KingdomAntitrust/Competition Law
David Marks
David Marks
Susan Barty
Susan Barty

On 2 March 2007, the High Court rejected an application for an interim injunction which, if granted, would have seriously disrupted Pfizer’s implementation on 5 March of a new Direct to Pharmacy model for distribution of its pharmaceutical products. Under the new system, pharmacies and dispensing doctors are buying Pfizer prescription medicines directly from Pfizer and not (as before) through third party wholesalers. Delivery of the products is made by UniChem, a former Pfizer wholesaler customer now providing a logistics service to Pfizer.

The application was made by eight wholesalers whose main arguments were that the new arrangement breached competition rules and that there was an immediate risk that pharmacies would switch their non-Pfizer business to UniChem, causing irreparable harm to the affected wholesalers. The application for an interim injunction was heard on the last business day before the 5 March go-live date.

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