Ioannidou, Maria; Kokkoris, Ioannis --- "THE APPLICATION OF COMPETITION LAW IN THE PHARMACEUTICAL SECTOR: CHALLENGES FOR BRICS" [2019] ELECD 1284; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 687

Book Title: EU Law of Competition and Trade in the Pharmaceutical Sector

Editor(s): Figueroa, Pablo; Guerrero, Alejandro

Publisher: Edward Elgar Publishing

Section: Chapter 18

Section Title: THE APPLICATION OF COMPETITION LAW IN THE PHARMACEUTICAL SECTOR: CHALLENGES FOR BRICS

Author(s): Ioannidou, Maria; Kokkoris, Ioannis

Number of pages: 29

Abstract/Description:

This chapter discusses the role of competition law in the pharmaceutical sector in developing economies in an attempt to ascertain whether it can be used as a tool for delivering better-priced medicines to larger segments of the population. The reason we focus on BRICS is threefold. First, it is timely to map out the emerging issues in these countries, in the light of recent and emerging litigation. Second, these countries present common characteristics, in terms of economic, social and legal developments that allow general conclusions to be drawn that are not necessarily applicable to other developing countries. They have also adopted competition laws rather recently. Third, BRICS have emerged as important players in the global economy. The chapter focuses on competition law and does not cover IP and trade law. Instead, it explores the possibility of competition law acting as a “gap filler” addressing shortcomings in patent policy and therefore IP law is discussed to the extent that it intersects with competition law. The chapter also discusses more traditional competition law infringements – such as cartels - to the extent that the competition authorities in BRICS have addressed such cases in the pharmaceutical sector.