Behind The Pill Bottle: Unmasking Anticompetitive Strategies In Pharmaceuticals

Anushka Singh, Unitedworld School of Law, Karnavati University

ABSTRACT

The pharmaceutical industry in India, renowned for its expansive generics market and global healthcare influence, grapples with diverse challenges rooted in anti-competitive behaviours. This overview explores various facets of such practices, including pay-for-delay strategies, the dynamics between branded and non-branded generics, evolving regulations in e-pharmacy, instances of excessive pricing, and the sway of trade associations.

Pay-for-delay tactics, frequently utilized by pharmaceutical firms, hinder generic competitors' market entry, sustaining monopolistic dominance and hindering access to affordable medicines. This not only stifles competition but also maintains inflated drug prices. The distinction between branded and non-branded generics introduces another layer of anti-competitive conduct, with branded variants often commanding higher prices, disadvantaging cost- conscious consumers. The emergence of e-pharmacies offers a new frontier for competition, yet regulatory uncertainties persist, raising concerns over patient privacy, drug authenticity, and equitable market access. Excessive pricing practices compound accessibility challenges, straining healthcare budgets and exposing regulatory gaps in countering monopolistic pricing.

Moreover, trade associations wield significant influence, often advocating policies fevering established entities, potentially stifling competition. Their balance between promoting fair competition and safeguarding vested interests remains subject to scrutiny. In conclusion, addressing anti- competitive behaviours in India's pharmaceutical sector requires a comprehensive approach, including robust regulatory frameworks, enhanced transparency, and concerted efforts to nurture a competitive environment fostering innovation, accessibility, and affordability in healthcare.

Keywords: Pharmaceuticals, Competition Law, Pay-for-delay, E- pharmacies.