Facts
Various physicians in the canton of Zurich, who do not have a permit to dispense medicinal products, had concluded medicinal product mail-order contracts with the mail-order pharmacy Zur Rose AG. The contracts provided that the physicians would electronically transmit prescriptions to Zur Rose, which would then send the prescribed medicinal products either to the physicians for further distribution to the patients or directly to the patients. As consideration, the physicians were to receive compensation of a maximum of CHF 5 per prescription line for the file check and interaction control, as well as CHF 40 per new customer registration.Considerations
The Federal Supreme Court ruled that the business model is not permissible without the physicians having a retail trade permit. Physicians are obliged to have a cantonal permit for self-dispensation if they dispense medicinal products. Furthermore, the intended compensation to the physicians constitutes unlawful…