Entry by generic pharmaceuticals can enhance competition in the drug market by offering more choice and by lowering drug prices to the benefit of health customers. At the same time, innovation in the pharmaceutical sector should be sustained, notably by allowing innovators to obtain intellectual property rights on their originator drug.
Competition concerns arise, however, when originator companies use their intellectual property rights to delay or to prevent generic entry. Some pharmaceutical companies are using new potentially anticompetitive strategies.
In June 2014 meeting, the OECD Competition Committee addressed recent developments regarding such strategies, building on earlier discussions (see 2009 Roundtable Proceedings as well as the 2014 Global Forum discussion). Participants have also looked at how competition law enforcement can contribute to enhancing effective competition in the pharmaceutical sector. An extract of the main findings from the discussion is below.
Key findings from the discussion
Competition Issues in the Distribution of Pharmaceuticals (OECD 2014 Global Forum discussion)
Generic Pharmaceuticals (2009)
Panellists, papers and presentations
Contributions from participants
Romano Subiotto (Partner at Cleary Gottlieb)