François Dauba, Partner in the Competition/Distribution department, answers LSA’s questions on the subject: “Why can’t mass retail break the pharmacists’ monopoly”?

Since the mid-1980s, supermarkets have been trying to break the pharmacists’ monopoly without success. “In France as in Europe, the importance of pharmacists is recognized for public health reasons,” explains François Dauba, partner at BCTG Avocats. Medicines are not consumer products, and taking them is not a trivial matter. Pharmacists’ advice is essential to help patients use them properly. The French system, which is very tightly controlled, also helps to prevent the circulation of counterfeit drugs in our country. In our neighboring countries, the importance of pharmacies is also recognized. “Overall, pharmacists enjoy monopolies in the various European countries. In Italy and Spain, it is quite similar to ours. In the United Kingdom, its contours are more flexible,” continues François Dauba. The retail sector would like to benefit from the flexibility of other countries. Over the years, it has managed to make itself heard on a few products such as dermocosmetic brands, vitamin C or infant milk. “The protection that pharmacists can enjoy through dispensing monopolies for certain products can clash with the principles of free competition and free movement of goods, which are also important. For the public authorities, the question is therefore to know if the granting of a monopoly for the sale of a product is justified by a public health interest”, explains François Dauba.

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