Superstores H-Medix and Max Health, alongside the Federal Competition and Consumer Protection Commission (FCCPC), are locked in a multi-million naira legal battle over alleged monopoly and the legality of H-Medix’s numerous outlets across Abuja, Nigeria’s capital, Nairametrics exclusively reports.
The Federal High Court, Abuja, has fixed January 12, 2026, for the hearing of all court documents related to the case filed by Max Health.
Max Health is seeking a court injunction restraining the Pharmacy Council of Nigeria (PCN) from approving multiple outlets for H-Medix across Abuja, alleging discrimination and monopolistic practices that disadvantage other competitors.
Defendants in the Case
While the FCCPC is listed as the first defendant, other defendants include:
- 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
Max Health’s Claims
In its statement of claim, seen by Nairametrics, Max Health alleged that despite regulatory directives from the PCN and PSN discouraging monopoly and unfair competition, the PCN and PSN approved more than 11 mega outlets for H-Medix within Abuja.
The claimant argued that this approval has allowed H-Medix to abuse its dominant position in the pharmaceutical market, negatively impacting the operations of other licensed pharmacies.
Counsel to Max Health, F.D. Ayinde (Esq.), stated that H-Medix has allegedly distorted the pharmaceutical market by combining its pharmacy services with bakery, household, and general merchandise sections, thereby attracting massive customer traffic and pushing smaller competitors out of business.
The claimant further warned that granting H-Medix approval for a new outlet at Life Camp would worsen the alleged dominance, urging the court to mandate the FCCPC to conduct a formal monopoly investigation into H-Medix’s business operations in line with the FCCPC Act.
H-Medix’s Counterclaims
In its counterclaim statement, H-Medix confirmed that it was aware of a petition filed by Max Health, which allegedly delayed the approval of its Life Camp outlet.
Represented by Fredrick Itula (SAN), H-Medix argued that its operations fully comply with all regulatory requirements, noting that the PCN regularly inspects its outlets and renews its licenses.
The company disclosed that it employs over 100 licensed pharmacists, exceeding regulatory minimums, which demonstrates its compliance and contribution to employment and the Nigerian economy.
H-Medix dismissed the allegations of monopoly, stating that the term “dominant abuse” is undefined in Nigerian pharmacy regulations and that such claims must be proven with evidence of practices like predatory pricing or production limits.
The company also maintained that several other pharmacies operate within 200 metres of its outlets, disproving Max Health’s claim that it forces competitors out of business.
It further stated that its supermarket and grocery operations are complementary to its pharmacy business, not replacements.
H-Medix is seeking a court order compelling Max Health to publish a public apology in three national dailies and to pay N150 million in general damages for alleged false and malicious claims that harmed its business reputation and goodwill.
FCCPC’s Position
In its defense, the FCCPC affirmed that it is a federal agency mandated to promote fair competition in Nigeria’s markets and prevent unfair trade practices.
The Commission, however, clarified that it is not responsible for halting legitimate business expansion unless such expansion violates the Federal Competition and Consumer Protection Act (FCCPA) 2018.
The FCCPC noted that it had already received Max Health’s monopoly complaint and was conducting a preliminary investigation in line with the FCCPA’s procedures.
“The claimant, without waiting for the Commission to conclude its investigation, filed this suit on April 30, 2025,” the FCCPC stated.
The Commission urged the court to dismiss the case for lack of jurisdiction, arguing that Max Health lacks the locus standi (legal right) to sue the parties involved.
What Transpired in Court
At the resumed hearing on Monday, Justice Obiora Egwatu of the Federal High Court, Abuja, noted that the FCCPC was yet to serve its defense documents on all defendants.
- The judge directed FCCPC counsel, Barr. Abeke Nikiomari, to ensure all parties are properly served before the next sitting.
- The case was adjourned to January 12, 2026, for hearing.
- While the legal battle continues, the court’s final verdict will determine the legitimacy of H-Medix’s expansion and the merit of Max Health’s monopoly claims.
