On the issue of delaying generics, South Africa's pharma market not comparable with the USA, expert says

A recent report by the US competition authority, the Federal Trade Commission, on the short and long-term effects of authorized generics sparked an article in the Business Report this month, titled: Delay in generics robbing South Africa's sick.

The article states that a practice of entering into agreements between brand manufacturers and manufacturers of generic drugs to delay launch of a generic version of a branded drug (often referred to a pay-for-delay deals) are entered into and thus force consumers to pay 80% more for their medication.

However, Alexis Apostolidis, partner, Patent Litigation, and head of the Competition Law Group writing in Biz Community, says that, from his experience in pharmaceutical litigation it is highly unlikely that in South Africa - as in the USA, pay for delay agreements are entered into, as “It's just not the form that these agreements take,” and “It's unfortunate that the article did not address the differences between the legal and regulatory framework in South Africa versus that of the United States.”