The obstacles standing in the way of the liberalization of over-the-counter pharmaceuticals must be eliminated. Following decisions by a number of  Regions, deemed anti-competitive by the Antitrust Authority, to impose organizational constraints on the opening of sections for the sale of these products, the Authority, in a report approved on 3 August 2007, has once again drawn attention to the difficulties being met by the reform of this industry.

Specifically, the Antitrust Authority emphasizes the need for rules that clarify that over-the-counter pharmaceutical outlets may be opened not only by pharmacists but also by companies of pharmacists. Indeed, whereas individual  pharmacists may own both pharmacies and the new outlets (or may work in either kind of shop), the same opportunity would seem to be closed to pharmacy companies. The Authority therefore urges a regulatory intervention to prevent any discrimination between the rights of individual pharmacists and those of pharmacy companies. In this way, the business opportunities offered by the new rules could be evaluated by pharmacy companies too, with attendant advantages for the spread of competition in the industry and lower consumer prices.

Another aspect which must be clarified is that of the names and symbols which may be displayed by shops selling non-prescription medicines.

A number of Regional decisions as well as a circular from the Ministry of Health limit the names and shop-signs which may be used. In this manner, the Antitrust Authority points out, there is an unjustified constraint on the freedom of economic choice of pharmacists who may intend to take full advantage of the opportunities offered them by the new normative context.

In this phase of evolution of the sale of SOP and OTC drugs, the Antitrust Authority believes new operators should be enabled to exploit the available competitive levers, including those having to do with the promotion of their business by use of signs and symbols. Basically, customers must know that in that shop there is a pharmacist and that over-the-counter pharmaceuticals are sold.

Rome, 10 August 2007