Physicians sue pharmacy chain for unfair competition

Two Montréal-area doctors are suing a prominent pharmacy chain for allegedly creating unfair competition by attempting to attract doctors to locate their clinics near its stores.

The physicians also accuse the Quebec College of Physicians, named as a co-defendant, of failing to take action to stop violations of the doctors' code of ethics.

Dr. Daniel Poulin claims representatives from Jean Coutu Group Inc. offered him $500 000 to re-locate his medical clinic above a new pharmacy the chain was building in the South Shore community of St. Constant. The civil action claims Jean Coutu offered Poulin a rental price per square foot that was less than half the amount he was paying elsewhere.

The statement of claim, filed in Quebec Superior Court under the Competition Act, also argues that direct and indirect subsidies and other incentives that the pharmacy chain allegedly used constitute unfair business practices. It blames those practices for the closure of several medical clinics, including 1 owned by Dr. Robert Perron, the co-plaintiff.

Both the Quebec College and the Jean Coutu Group declined comment.

The lawsuit maintains that the alleged benefits offered doctors run contrary to the pharmacists' and the physicians' codes of ethics. “When the College says discounted rent is not a conflict of interest, it's false,” Poulin told CMAJ. “The definition of a conflict of interest includes the appearance [of conflict].”

A pharmacy is also suing physicians. Pharmacist Sandrine Vinet launched a lawsuit against the Médicentre LaSalle clinic claiming that the departure of more than half the doctors from the medical office last summer significantly decreased the number of prescriptions her pharmacy filled.

Dr. Clifford Blais, who owns the medical clinic and rents space to the pharmacy, told La Presse the legal action is unfounded. There was no deal between his clinic and the pharmacy about clientele, Blais said. — Brenda Branswell, Montréal