Pharmachemie vs. MSD: Proof it!

Haarlem District Court, 23 September 2005, KG ZA 05-495. Pharmachemie versus Merck Sharp & Dohme

Advertising. The foregoing leads to the preliminary opinion that the statements made in point 5.8 are misleading as referred to in 6:194a of the Civil Code and Article 4 of the Medicines Advertising Decree and that they are contrary to the provisions of Article 4.2 of the Code of Conduct on Medicines Advertising.In view of the recent introduction of Pharmachemie's lendronic Acid 10 and 70 PCH on the Dutch market, it is furthermore likely that Pharmachemie will suffer loss due to these misleading statements of MSD. Insofar as Pharmachemie's claim relates to these statements, it will also be awarded.

Read the entire judgment here (translation made available by Marc van wijngaarden, Bird & Bird).

IEFenglish