Federal Court rules against unfair competition

The Sun Store pharmacy chain is permitted to advertise through its partner health insurance companies that it does not charge their members a patient or pharmacy fee.

The Sun Store pharmacy chain is allowed to advertise via its partner health insurance companies that it does not charge patient and pharmacy fees to their members. The Federal Supreme Court has ruled that this does not constitute unfair competition. The Geneva Pharmacists' Association had filed an unsuccessful lawsuit. In its reasoning, the Federal Supreme Court stated that the advertising published by Sun Store was neither unlawful nor deceptive and that the information did not violate the law against unfair competition. Comparative advertising of this kind is permissible. It promotes market transparency and allows consumers to make the most favorable choice for them. In the opinion of the Federal Supreme Court, the regular mailing of the disputed information by the partner cash registers does not constitute a particularly aggressive sales method that is frowned upon.

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