Sie sind auf Seite 1von 2

Review of Literature The purpose of the research is to identify the anti-competitive practices and study the regulation of which

related to the pharmaceutical sector through the case laws. The regulations of pharmaceutical sectors. the drugs and cosmetics Act, 1940, the Pharmacy Act, 1948, the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, the Narcotics Drugs and Psychotropic Substances Act, 1985, the Medical and Toilet Preparation Act, 1956., Indian Patent Act, 1970., Drug Policy, 1994, Drug Price Control Order, 1995, the Good Clinical Practice Guidelines, 2006, the Good Clinical Laboratory 2008 are some of the Acts and Regulations which guide pharmaceuticals industry and fulfil this research to analyze anticompetitive practices related to pharmaceutical sector in India. Adithya Krishna Chintapanti in his article Competition law and Pharmaceutical Industry threw light on anti-competitive practices prevalent in the pharmaceutical industry and healthcare sector. CUTS International in its briefing paper on Dealing with Anti-Competitive Practices in the Indian Pharmaceuticals and the Health Delivery Sector addressed the twin objectives of examining legal and policy options to effectively curb anti-competitive practices in the health sector in the country. CUTS International in its report on Anti-competitive Practices in Healthcare and Pharmaceutical Sector in India mentioned Healthcare and Pharmaceutical are two sectors providing considerable social services and public goods for the society. K.K Sharma in his Presentation on Competition Commission of India Anti-competitive Agreements discussed the consequential effect of cartel, price-fixing, bid-rigging etc. on anticompetitive practices. M/S Santuka Associates and Vedant bio-sciences v. Chemists and Druggists Association Baroda. Both the cases are likely to be anti-competitive agreements against the All India Organization of Chemists and Druggists and one related its state Association of the AIOCD. In this case issues about the fix margin, collection of PIS and appointment of stockiest and violation of section 3 of the Competition Act, 2002. Another case are related to the IPRs issues and the supreme court decide in the favorer of the consumer

Nidhi Chauhan in her report on Competition Assessment of Pharmaceutical Sector in India concluded that Pharmaceutical manufacturers are demanding more liberalization, arguing that competition, and not price control, will improve availability and affordability of essential drugs. Even so, reducing the number of essential drugs on the DPCO will not be easy. She further stated it is essential for the Pharmaceutical sector in India to operate under a law that curbs anticompetitive activities. The new Competition Act, 2002 has all the required provisions. It would, anyhow, depend on how it is implemented. This research divided into four chapters. First chapter introduction of the pharmaceutical sectors and second chapter we will study the origin of pharmaceutical sector and their regulations and third chapter we analysis the anticompetitive agreements in pharmaceutical sectors with the help of case laws and fourth chapter we will conclude about the research and giver some recommendations.

Das könnte Ihnen auch gefallen