FCT Court to Hear Monopoly Suit Between Max Health and H‑Medix
The Federal High Court, Abuja, has scheduled 12 January 2026 for the hearing of a high‑stakes competition law dispute involving Max Health, H‑Medix Pharmacy Limited, and the Federal Competition and Consumer Protection Commission (FCCPC).
Max Health, as claimant, seeks an injunction restraining the Pharmacy Council of Nigeria (PCN) from approving additional outlets for H‑Medix within Abuja. The claimant alleges that the approvals granted to H‑Medix amount to discriminatory and monopolistic practices that undermine fair competition in the pharmaceutical sector.
The defendants include: Federal Competition and Consumer Protection Commission (FCCPC), Pharmacy Council of Nigeria (PCN), Pharm. Salamat Orakwelu, Chairman, Pharmaceutical Society of Nigeria (PSN), Federal Capital Territory Administration (FCTA), Pharm. Boniface Ikwu, Chairman, Pharmaceutical Inspectorate Committee and Director, Pharmaceutical Services, FCTA, H‑Medix Pharmacy Limited
In its statement of claim, Max Health contends that, despite regulatory directives discouraging monopolistic practices, the PCN and PSN approved more than 11 mega outlets for H‑Medix across Abuja. Counsel to the claimant, F.D. Ayinde (Esq.), argued that H‑Medix has distorted the pharmaceutical market by combining pharmacy services with bakery, household, and general merchandise operations, thereby attracting disproportionate customer traffic and marginalising smaller competitors.
Max Health further warned that approval of a new H‑Medix outlet at Life Camp would entrench the alleged dominance. It urged the court to compel the FCCPC to conduct a formal monopoly investigation under the FCCPC Act, 2018.
In its counterclaim, H‑Medix, represented by Fredrick Itula (SAN), denied the allegations, asserting full compliance with regulatory requirements. The company noted that the PCN regularly inspects and renews its licences and disclosed that it employs over 100 licensed pharmacists, exceeding statutory minimums.
H‑Medix rejected the monopoly claim, arguing that “dominant abuse” is not defined under Nigerian pharmacy regulations and must be proven with evidence of predatory pricing or production restrictions. It also pointed out that several pharmacies operate within 200 metres of its outlets, disproving claims of market exclusion.
The company maintained that its supermarket and grocery sections are complementary to its pharmacy business. It is seeking ₦150 million in general damages and a court order compelling Max Health to publish a public apology in three national dailies for alleged false and malicious claims.
The FCCPC, in its defence, affirmed its statutory mandate to promote fair competition and prevent unfair trade practices. However, it clarified that it is not empowered to halt legitimate business expansion unless such expansion contravenes the FCCPA 2018.
The Commission disclosed that it had already received Max Health’s complaint and commenced a preliminary investigation. It criticised the claimant for filing suit before the conclusion of its inquiry, urging the court to dismiss the case for lack of jurisdiction and on the ground that Max Health lacks locus standi.
At the resumed hearing, Justice Obiora Egwatu observed that the FCCPC had not yet served its defence documents on all defendants. The court directed FCCPC’s counsel, Barr. Abeke Nikiomari, to ensure proper service before the next sitting. The matter was adjourned to 12 January 2026 for hearing.
