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Does Regulation Drive out Competition in Pharmaceutical Markets?

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Author Info
Danzon, Patricia M
Chao, Li-Wei

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Abstract

Most countries regulate pharmaceutical prices, either directly or indirectly, on the assumption that competition is at best weak in this industry. This paper tests the hypothesis that regulation of manufacturer prices and retail pharmacy margins undermines price competition. We use data from seven countries for 1992 to examine price competition between generic competitors (different manufacturers of the same compound) and therapeutic substitutes (similar compounds) under different regulatory regimes. We find that price competition between generic competitors is significant in unregulated or less regulated markets (United States, United Kingdom, Canada, and Germany) but that regulation undermines generic competition in strict regulatory systems (France, Italy, and Japan). Regulation of retail pharmacy further constrains competition in France, Germany, and Italy. Regulation thus undermines the potential for significant savings on off-patent drugs, which account for a large and growing share of drug expenditures. Evidence of competition between therapeutic substitutes is less conclusive owing to data limitations. Copyright 2000 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Law & Economics.

Volume (Year): 43 (2000)
Issue (Month): 2 (October)
Pages: 311-57
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Handle: RePEc:ucp:jlawec:v:43:y:2000:i:2:p:311-57

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  1. Patricia M. Danzon & Y. Richard Wang & Liang Wang, 2003. "The Impact of Price Regulation on the Launch Delay of New Drugs - Evidence from Twenty-Five Major Markets in the 1990s," NBER Working Papers 9874, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  2. Beatriz Domínguez & Juan José Ganuza & Gerard Llobet, 2005. "R&D in the Pharmaceutical Industry: A World of Small Innovations," Economics Working Papers 936, Department of Economics and Business, Universitat Pompeu Fabra. [Downloadable!]
    Other versions:
  3. Donald J Wright, 2002. "The drug bargaining game: Pharmaceutical regulation in Australia, CHERE Discussion Paper No 51," Discussion Papers 51, CHERE, University of Technology, Sydney. [Downloadable!]
  4. Antonio Cabrales, 2003. "Pharmaceutical Generics, Vertical Product Differentiation, and Public Policy," Working Papers, Research Center on Health and Economics 662, Department of Economics and Business, Universitat Pompeu Fabra. [Downloadable!]
    Other versions:
  5. Begoña Garcia Mariñoso & Izabela Jelovac & Pau Olivella, 2008. "External referencing and pharmaceutical price negotiation," Post-Print halshs-00303682_v1, HAL. [Downloadable!]
  6. Antonio Cabrales & Sergi Jiménez-Martín, 2008. "The Determinants of Pricing in Pharmaceuticals: Are U.S. prices really so high?," Working Papers 2008-18, FEDEA. [Downloadable!]
  7. Javier Coronado & Sergi Jiménez Martín & Pedro L. Marín, 2008. "Multimarket Contact in Pharmaceutical Markets," Working Papers 2008-20, FEDEA. [Downloadable!]
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  8. Stefano Capri & Rosella Levaggi, 2005. "Reconciling social and industrial goals: a bargaining model to pricing pharmaceuticals," LIUC Papers in Economics 170, Cattaneo University (LIUC). [Downloadable!]
  9. Gonzalez, Jorge & Sismeiro, Catarina & Dutta, Shantanu & Stern, Philip, 2006. "Market Effects of Generic Entry: The Role of Physicians and of Non-Bioequivalent Competitors," MPRA Paper 3717, University Library of Munich, Germany, revised May 2007. [Downloadable!]
  10. Aidan Hollis, 2002. "The importance of being first: evidence from Canadian generic pharmaceuticals," Health Economics, John Wiley & Sons, Ltd., vol. 11(8), pages 723-734. [Downloadable!]
  11. BARDEY, David & BOMMIER, Antoine & JULLIEN, Bruno, 2009. "Retail Price Regulation and Innovation: Reference Pricing in the Pharmaceutical Industry," IDEI Working Papers 432, Institut d'Économie Industrielle (IDEI), Toulouse. [Downloadable!]
  12. Vicente Ortún, 2004. "Patentes, regulación de precios e innovación en la industria farmacéutica," Working Papers, Research Center on Health and Economics 754, Department of Economics and Business, Universitat Pompeu Fabra. [Downloadable!]
    Other versions:
  13. Vincenzo Atella & Jay Bhattacharya & Lorenzo Carbonari, 2008. "Pharmaceutical Industry, Drug Quality and Regulation: Evidence from US and Italy," NBER Working Papers 14567, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  14. Clara I. Gonzalez & Ricardo Gimeno, 2008. "Financial Analysts impact on Stock Volatility. A Study on the Pharmaceutical Sector," Working Papers 2008-19, FEDEA. [Downloadable!]
  15. Antonio Cabrales & Sergi Jiménez-Martín, 2007. "The Determinants of Pricing in Pharmaceuticals: Are U.S. Prices Really Higher than Those of Canada?," UFAE and IAE Working Papers 697.07, Unitat de Fonaments de l'Anàlisi Econòmica (UAB) and Institut d'Anàlisi Econòmica (CSIC). [Downloadable!]
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  16. Y. Wang, 2006. "Price competition in the chinese pharmaceutical market," International Journal of Health Care Finance and Economics, Springer, vol. 6(2), pages 119-129, June. [Downloadable!] (restricted)
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