Competition Law, Market Dynamics, And Human Rights in The Pharmaceutical Sector: An Integrative Analysis

Abstract

The pharmaceutical industry is widely recognized as a crucial sector that contributes significantly to the country's economic growth, and the importance of Competition Law in this industry is widely acknowledged. However, this market is also susceptible to various unlawful transactions and monopolistic competition, given that medicine is an essential item that every consumer needs, and market players often take advantage of this to trade their products and achieve monopolies or control product prices. To address these issues, the Competition Act, 2002 was instituted, and various regulations were implemented to regulate market competition across different sectors.
 The importance of public health is a major consideration in the pharmaceutical industry, and it is crucial to understand how competition law is applied in this sector. This article aims to shed light on the interplay between IP rights and competition law in the pharmaceutical sector and provide insight into how the development of the industry has spurred competition in the market. Additionally, the article will offer some suggestions.
 The integrative analysis of competition law, market dynamics, and human rights in the pharmaceutical sector underscores the need for a holistic approach to address the complex challenges. By considering the interplay between competition law, market dynamics, and human rights, policymakers, regulators, and stakeholders can develop strategies that foster fair competition, ensure access to affordable medicines, and protect human rights. Collaborative efforts and evidence-based policies are vital to achieve a balance that promotes innovation, fosters competition, and fulfills human rights obligations in the pharmaceutical sector.