Competition law and pharmaceutical industry india

  • What are the anti-competitive practices of pharmaceutical industry in India?

    The specific anti-competitive practices of the pharmaceutical system and the health delivery system, covered by the Act are collusive agreements including cartels, tied-selling, exclusive supply agreements, exclusive distribution agreements, refusal to deal, and resale price maintenance..

  • What are the laws related to pharmaceutical industry in India?

    The Drugs Act and Cosmetics Act, 1940 (“Drugs Act”) and Drugs and Cosmetics Rules, 1945 (“Drugs Rules”) regulates the import, manufacture, distribution and sale of drugs in India.
    It provides the procedures for testing and licensing new drugs..

  • Where is the pharmaceutical industry in India?

    Hyderabad – The Pharma Hub of India
    It accounts for 40 per cent of the total Indian bulk drug production and 50 per cent of the bulk drug exports and is considered as the 'Bulk Drug Capital of India'.
    In value terms, the industry is worth US$ 1.6 billion and exports accounting to over US$ 500 million..

  • India is the world's largest provider of generic medicines by volume, with a 20% share of total global pharmaceutical exports.
    It is also the largest vaccine supplier in the world by volume, accounting for more than 60% of all vaccines manufactured in the world.
  • The Central Drugs Standard Control Organisation(CDSCO)under Directorate General of Health Services,Ministry of Health & Family Welfare,Government of India is the National Regulatory Authority (NRA) of India.
Jul 4, 2022Competition law and policy is central to managing healthcare markets in many nations. This report addresses, from the perspective of competition 
Jul 4, 2022The pharmaceutical industry is influenced by a host of practices which may primarily relate to price regulations, insurance and reimbursements, 
Oct 17, 2022India has one of the more recent Competition laws in the world- its enactment being in 2002. Since the Indian pharma industry is unlike any 

Australia

In Australia, unlike the digital economy to which the ACCC has dedicated significant resources, the pharmaceutical and medical products sectors are not currently identified as a priority area.
However, the ACCC has taken some significant cases against companies in these sectors in recent years.
Cartels are an enduring priority for the ACCC’s enforc.

China

In China, SAMR has continued to strongly enforce competition law in the pharmaceuticals and medical products sectors.
Competition law enforcement under China’s Anti-Monopoly Law 2008 (AML) has been used in conjunction with other regulations and policy reforms to address concerns in these sectors, such as increasing prices and supply shortages.
SAMR.

Discussion Points

Cartels and anticompetitive agreements relating to pharma and medical products

Hong Kong

In the six years since the Hong Kong Competition Ordinance came into force in December 2015, the HKCC has been building its enforcement experience.
Among the first key enforcement actions taken by the HKCC was its commencement of court proceedings against a medical gas supplier.
On 21 December 2020, the HKCC initiated proceedings in the Competition.

in Summary

This chapter explores key developments in competition law enforcement in pharmaceuticals in the Asia-Pacific region over the past 18 months, discussing the efforts of competition authorities to pursue potential infringements by companies, and their readiness to impose significant sanctions.
Looking ahead, it considers the potential focus of further.

India

The CCI has investigated numerous allegations of anticompetitive practices in the pharmaceutical sector.
These investigations have been largely concerned with alleged anticompetitive agreements in the distribution of pharmaceuticals and have particularly scrutinised the practices of industry associations, and the involvement of pharmaceutical compa.

Is regulation of drugs related to competition in the pharmaceutical market?

Mr.
A.
K.
Pradhan stated that regulation of drugs (in terms of prices, intellectual property rights, safety, and eficacy) is directly or indirectly linked to competition in the pharmaceutical market.

Is the pharmaceutical industry regulated?

He mentioned that the pharmaceutical sector is already well regulated and people working therein have to act in compliance with various laws such as:

  • the Pharmacy Act
  • Drugs and Cosmetics Act (DCA)
  • etc.
    Unless there is full compliance with laws, one cannot enter the drug business.
  • Is there price competition in the pharmaceutical industry in India?

    During the last decade, he pointed out that almost half of the Indian retail market is composed of fixed–dose combination drugs.
    He then shed light on whether there is price competition in the pharmaceutical industry in the Indian context.
    Despite brand proliferation, consumers ostensibly pay a premium on brands.

    Philippines

    In the Philippines, the health and pharmaceutical industry remains one of the PCC’s priority sectors for enforcement.
    Following the completion of an industry scoping study and publication of an issues paper and policy note in 2020 that identified key challenges in the Philippine pharmaceutical industry, the PCC warned pharmaceutical companies to ex.

    Referenced in This Article

    Australian Competition and Consumer Commission (ACCC)

    Who moderated technical session 2 on generic competition in Indian pharmaceuticals?

    Technical Session II on “Generic Competition in Indian Pharmaceuticals:

  • Price and Non–Price Issues” was moderated by Ms.
    Payal Malik
    , Adviser, Competition Commission of India.
    Dr.
    Sakthivel Selvaraj, Director, Health Economics, Financing and Policy, PHFI, opened the session.

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