Generic Drugs Vs Branded Drugs: Navigating Antitrust Law Issues in India

Abstract

Generic drugs vs branded drugs has been a long-standing dispute in the pharmaceutical sector. The right to health is considered a basic human right, and through various judicial pronouncements, it has been included within the purview of Article 21 of the Indian Constitution. However, the exorbitant prices of medicines and the expensive bills incurred in hospitals have created a roadblock for the common man to effectively exercise this right. In such a scenario, generic drugs play a pivotal role in protecting people from financial hardship. Generic drugs are available at a cheaper price than branded drugs. However, due to some preconceived notions among the public regarding the safety and efficacy of generic drugs, there has been a conflict in preferring generic drugs over branded drugs. In order to understand the differences between generic and branded drugs, there is a dire need to revisit the structure of the pharmaceutical sector. The monopoly in the pharma sector and the rise in medicine prices due to unfair trade practices necessitate a discussion of the provisions of competition law in light of the aforementioned issues. The objective of this research paper is to analyze the current legal framework pertaining to the pharmaceutical industry and the competition law issues involved. The paper seeks to gather data through a questionnaire to understand the preference of people for generic or branded drugs. Furthermore, the paper discusses the role played by doctors in promoting generic drugs. Lastly, the paper attempts to study the impact of increased usage of generic drugs on economic efficiency in India. © 2024 Surender Mehra, et al.