On November 18, 2021 the Competition Commission of India
(CCI) released its report on "Market
Study on the Pharmaceutical Sector in India : Key Findings and
Observations" (Study).
The CCI, during its decade old enforcement regime, has mostly
dealt with anti-competitive vertical restraints stemming from the
distribution chain in the pharmaceutical industry. The Study
focuses on several aspects of the pharmaceutical industry including
distribution channels, role of trade associations, trade margins,
online pharmacies and the prevalence of branded generic drugs in
India and its implications for competition.
Given that the pharmaceutical sector is heavily regulated, the
Study aims to explore the areas of interface between regulation and
competition with a view to ascertain CCI's advocacy
priorities.