Competition Policy

Competition Policy and Access to Healthcare: A Toolkit

This toolkit provides guidance on using both ex-ante and ex-post competition policy as tools to enhance access to healthcare, the urgency of which has increased in the wake of Covid-19. It proposes case laws and recommendations across areas such as: (i) Regulation and Competition Policy; (ii) Pro-competition Patent Laws; (iii) Horizontal Agreements; (iv) Vertical Arrangements; (v) Abuse of Dominance; (vi) Pay for Delay; (vii) M&As in Pharma Industry; (viii) Frivolous Litigation; (ix) Covid-19 Responses.

To keep the market competitive, competition law enforcement alone may not be sufficient. First thing that is needed is an enabling policy environment that promotes competition in the market, including removal of entry barriers and market distortions, and inducing ease of doing and running businesses.

This kit sheds some light on how to use the ex ante competition policy and then ex post competition law enforcement as tools to enhance access to healthcare, understanding that access to healthcare is largely dependent on its ‘availability’ and ‘affordability’. It is all the more important and relevant in the wake of Covid-19 pandemic.

This kit contains slides on the following topics: • Regulation and Competition Policy • Pro-competition Patent Laws • Horizontal Agreements • Vertical Arrangements • Abuse of Dominance • Pay for Delay • M&As in Pharma Industry • Frivolous Litigation • Covid-19 Responses