A high-stakes legal battle is unfolding in Nigeria’s capital as H-Medix Pharmacy, Max Health, and the Federal Competition and Consumer Protection Commission (FCCPC) clash over allegations of monopolistic practices and regulatory favouritism.
The Federal High Court in Abuja has scheduled January 12, 2026, to hear all filings related to the multi-million naira lawsuit initiated by Max Health.
Max Health is seeking an injunction to stop the Pharmacy Council of Nigeria (PCN) from approving additional H-Medix outlets in Abuja, claiming that the chain’s rapid expansion—now over 11 mega outlets—has created an unfair advantage and distorted the pharmaceutical market. The company argues that H-Medix’s integration of pharmacy services with general merchandise, including bakery and household goods, draws overwhelming customer traffic and squeezes out smaller competitors.
The suit names several defendants, including:
- FCCPC (1st defendant)
- Pharmacy Council of Nigeria (PCN)
- Pharmaceutical Society of Nigeria (PSN)
- Federal Capital Territory Administration (FCTA)
- H-Medix Pharmacy Limited
H-Medix, represented by Fredrick Itula (SAN), has denied all allegations, asserting that it operates within regulatory bounds and employs over 100 licensed pharmacists. The company argues that its business model is compliant and that the term “dominant abuse” lacks a legal definition under Nigerian pharmacy laws. It is countersuing Max Health for ₦150 million in damages and demanding a public apology in three national newspapers.
The FCCPC, while acknowledging receipt of Max Health’s complaint, clarified that it is still conducting a preliminary investigation and emphasised that it cannot halt legitimate business expansion unless it violates the Federal Competition and Consumer Protection Act (FCCPA) 2018. The Commission has asked the court to dismiss the case, citing Max Health’s lack of legal standing.
Justice Obiora Egwatu, presiding over the case, instructed the FCCPC to serve all defence documents to the involved parties before the next hearing.
The outcome of this case could set a precedent for how competition and market dominance are interpreted in Nigeria’s retail pharmacy sector.
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