Combating Evergreening and Abuse of Dominance: The Role of Patent Litigation and Competition Law in Pharma

The continuous progression of Competition Law in the Indian Pharmaceutical Industry is a dynamic and evolving endeavor. India's Competition law, implemented in 2002, is relatively recent in comparison to other global competition laws. The regulatory landscape of the Indian pharmaceutical industry raises issues due to its distinct attributes. The industry being examined is the largest in terms of global scale, and it poses a unique challenge due to the inherent nature of its products, which are medicines. The question at hand pertains to the attainment of equilibrium between the concerns of innovators and the welfare of consumers. This suggests that it is crucial to find an optimal selling price for the good in question. Setting prices too low may discourage enterprises from engaging in its production, resulting in limited availability and accessibility. This is particularly concerning when considering that the product in question is critically important for society as a whole. On the other hand, exorbitant prices would make the product inaccessible, so potentially adversely impacting consumers.