Competitive regulations in the pharmaceutical market and its consequences

Abstract

Introduction. Competition reflects a relationship of forces between the economic agents in the market of consumer goods and targeted services for the purpose of attracting the consumer, resulting in growth, diversifying and improving the quality of the offer and an increase in consumers' demand for goods consummation, being better informed about the existing consummation alternatives. The pharmaceutical market has some particularities: a) a large number of products with very strict demands on their characteristics, a long period of research and a large volume of resources needed for their conditioning; b) consumers of the pharmaceutical market are the health system and the sick people, usually economically disadvantaged. In order for the effects of competition to be predominantly beneficial, it is necessary to regulate it, thus ensuring a balance between the interests of businesses, drug users, increasing the number of products offered on the market and ensuring the performances that characterize them (harmlessness, effectiveness, quality and accessibility). Aim of the study. Highlighting the regulations on the pharmaceutical market of the Republic of Moldova and their consequences on competition. Materials and methods. The study is based on an analysis of the legal norms for regulating some activities related to the pharmaceutical activity and substantiating these rules in terms of the effects on competition as an element of the market. Results. The pharmaceutical legislation of the Republic of Moldova contains several regulations that influence the level of competition in the pharmaceutical market. 1. Expansion and placement regulations of pharmacies. These regulations contradict the requirements of the market economy, examined from the point of view of the drug trade, but they were introduced to ensure the interests of the consumer, to discourage excessive drug use and encourage their rational use, for economic agents to ensure minimum operating conditions and stimulate competition on the basis of ethical principles of drug assistance. 2. Data protection and protection of the introduction of pharmaceutical products. Data exclusivity is a form of intellectual property protection and allows pharmaceutical companies to use only their own clinical trial data for a predetermined period, as a measure of return on initial investments which led to the discovery of an innovative pharmaceutical preparation and the stimulation of new investments in this field. However, this measure conflicts with the declared priority of the authorities of the Republic of Moldova regarding the increase of prices for pharmaceutical preparations and the reduction of the financial burden related to the costs of medicines for citizens. Therefore, this regulation will contribute to the elimination of economic agents, producers of generic drugs, from the pharmaceutical market. Conclusions. Competitive legislative regulations of the pharmaceutical market do not always reflect the provisions of the state policy in the field of medicine.