|
|||
|
About the Book Exorbitant medicine prices, especially for medicines subjected to patent protection, are increasingly coming under the spotlight. This paper considers whether and how this serious concern can be addressed within the framework of competition law. Differing perspectives exist over the appropriateness of intervention by competition authorities in cases of excessive pricing, particularly when these involve patented products. However, there are no legal barriers to such intervention; competition authorities can act – and have acted – against firms deemed to have charged unfairly high prices for medicines, including those under patent. In fact, this paper contends, competition enforcement against excessive pricing of patented medicines would not only advance consumer welfare but also contribute to safeguarding the fundamental human right to health. The remedies available under competition law – such as compulsory licensing – can be effectively applied to keep a lid on the prices of essential, potentially life-saving medicines. SHIJU MAZHUVANCHERY is a professor at Sai University, Chennai, India. He has published extensively on issues relating to environmental law, constitutional law and competition law. He sits on the editorial board of the Indian Journal of International Law and is a regular contributor to the Oxford Yearbook of International Environmental Law. He is also associated with the Daksha Fellowship, India’s first fellowship programme in law, as adjunct professor. His current area of research is competition law, including competition issues in the digital economy. CONTENTS 1 Introduction 2 The Pharmaceutical Market 3 Excessive Pricing Under Competition Law 4 A Case for Competition Law Intervention in Excessive Pharmaceutical Pricing 5 Excessive Prices, Patented Medicines and Competition Law 6 Remedies Under Competition Law 7 Conclusion References
|
|||
