ABSTRACT
This chapter investigates—through a number of relevant cases and an examination of Indian competition law—whether or not and to what extent developing economies can adopt and enforce domestic competition law to promote access to medicines with the support of the international community. From the perspective of economic efficiency, the relationship between competition law and intellectual property (IP) law can be seen in the difference between static efficiency and dynamic efficiency. From the IP perspective competition law may be considered an interventionist instrument that infringes right holders' entitlements and, thereby, affects the very foundations of IP law. Competition law protects static efficiency by eliminating artificial restraints and promoting the entry of new competitors in order to leave more benefits and surplus in the hands of consumers. Under the Law on Pharmaceuticals of Vietnam 2005, the pharmaceutical industry, including the sector involved in the distribution of medicines, is heavily regulated.
