Competition Law Control of Excessive and Unfair Prices of Pharmaceuticals: An EU and South African Perspective

The contentious issue of exploitative excessive pricing, especially in the pharmaceutical industry, presents significant challenges for competition law. There are concerns that ex post competition law regulation of such pricing may stifle innovation. Focusing on the EU and South Africa, the research aims to determine whether competition law should be used to control such pricing. The findings reveal that the prevailing approaches inadequately accommodate the industry’s diverse innovation and competitive dynamics, especially in the context of new market settings. Therefore, the thesis argues for a nuanced approach that reflects the industry’s multifaceted dynamics and adapts to evolving market settings, including those related to emerging therapies. It analyzes the implications of the complexities in the different market settings within the industry on competition law and their influence on the interplay with sector regulations and intellectual property laws.