Shaping the Future of Biomedical Research and Healthcare: A Critical Analysis on the Application of Competition Law in Biomedical Technologies and its Relationship with Intellectual Property Rights and Consumer Welfare

  • S. Sreelekshmi Kartha
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  • S. Sreelekshmi Kartha

    Advocate at High Court of Kerala, India

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Biomedical research has demonstrated its capacity to question and reshape our established concepts of life and mortality. Biomedical technology and its associated products are an evolving field crucial for extending the lives of patients receiving treatment. In this context, it is imperative to examine the implications of competition law. Primary challenges in this domain encompass preventing anti-competitive behaviors, addressing the abuse of dominant market positions, and regulating mergers and collaborations among enterprises that could negatively impact competition, all aimed at safeguarding the welfare of patients and consumers. The application of competition law in healthcare serves to curtail monopolistic practices and fosters equitable competition within the market. Equitable competition entails engaging in competition based on merit, free from the influence of anti-competitive agreements. It prohibits the imposition of barriers that hinder entry into markets and ensures the viability of emerging and smaller businesses. Moreover, it promotes wealth distribution and prevents the concentration of economic power, while also safeguarding the freedom of trade for other enterprises. Competition plays a role in eradicating inefficiencies that often result in high prices, as it prevents predatory pricing and upholds product quality through the promotion of fair competition, ultimately safeguarding consumer well-being. Additionally, it is essential to consider the interplay between competition law and intellectual property rights within the biomedical technology sector, as well as devising remedies for combating anti-competitive practices. The study is based on a comparative perspective of the USA, UK, and Indian Laws for a better understanding of the subject.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 131 - 146


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