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TAMING THE PHARMA TRADE
P A Francis | Wednesday, June 5, 2013, 08:00 Hrs  [IST]

Pharmaceutical trade is the vital link between the 10,000 odd pharma companies and several millions of  patients who depend on the trade for their regular supply of medicines in India. It is this  community of 6 lakh retail chemists and a few thousands of wholesalers  which ensures the access to life saving and essential medicines for people in thousands of villages and towns throughout the country. Because of their critical role in this business of dealing in medicines, the trading community has to be responsible and accountable to the society at large. But, the conduct of the pharmaceutical trade has not been up to the mark for the last thirty years or more especially after they formed themselves into an organized force. Although their display of strength  and arrogance  has been largely against the pharmaceutical companies in the past, to a great extend such actions used to get affected the patients as well. Trade’s boycott of certain products, forcing pharma companies to obtain NOC for appointing new stockists and other pressure tactics have been rather frequent in recent times. But the pharmaceutical companies have been rather meek in taking any legal action against these unfair trade practices of the trade body so far.   

Now, the whole distribution scene is set for a major change after the Competition Commission of India (CCI) decided to lay some ground rules for this business for the first time. The CCI in its order in February last directed the AIOCD to file an undertaking that its practices regarding grant of NOC for appointment of stockists, fixation of trade margins, collection of PIS charges and boycott of products of pharmaceutical companies are discontinued within 60 days from the date of the order. Any trade member having a wholesaler's license can directly approach manufacturer for supply of medicines and denial of drug supply to any wholesaler would amount to restrictive trade practice and will be in violation of Drug Price Control Order and Competition Act attracting penal action. The Commissioner of Food & Drug Administration Maharashtra has already taken the first step in enforcing the new system in the country by directing the drug companies in this regard. It is possible that other states may follow Mahrashtra soon. But the manufacturers are not very happy with supplying drug stocks directly to wholesalers although they welcomed the discontinuation of the NOC system. So far, they had to deal with only a few hundreds of stockists and distributors but now they have to satisfy a large number of traders with small requirements. This may cause some inconvenience and additional costs to manufacturers initially but in the long  run this arrangement should lead to a healthy competition among traders resulting in lower prices to patient community.

Comments

fidah mohammad khan Jun 14, 2013 10:30 AM
then role of substokists and superstokists will finished.
suresh Jun 5, 2013 11:13 AM
This is the result of sustained effort by a section of trade against the policies of AIOCD. Some were forced out of trade and some had major impact on their operations. The pharma industry has not shown any spine in acting in many case they have colluded with the so called leaders and terminated cnf stockists etc in many parts of the country. Even after this CCI order many companies refeuse to follow the same and continue to insist on NOC from AIOCD and its affiliate. The battel to free the trade from the clutches of these leaders has just begun and not ended. Hope pharmabiz will play its role in this endaver.

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