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Utilizing Competition Laws for AIDS Patients: A Strategy to Combat Pharmaceutical Industry Pressure

The case of a complaint made against Act-Up by Abbott in France reveals the power dynamics between patients and pharmaceutical giants. Through strategic use of competition laws, AIDS patients undergoing treatment can exert pressure on the industry. This approach was exemplified by the conflict between Act-Up and Abbott, where activism and legal battles showcased the importance of viewing medicine beyond mere commodities. The impact of such actions was evident in Abbott’s retreat and withdrawal of its complaint, signaling a small victory for patient choice and access to treatment.

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Utilizing Competition Laws for AIDS Patients: A Strategy to Combat Pharmaceutical Industry Pressure

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  1. Would demanding the right to use competition laws for an aids patient undergoing treatment be a good way to put pressure on the pharmaceutical industry ?

  2. THE CASE OF THE COMPLAINT MADE AGAINST ACT-UP BY ABBOT IN FRANCE • Vincent PELLETIER • Managing Director of AIDES • Director of PLUS

  3. DAVID AND GOLIATH

  4. ABBOT IS GOLIATH • Billions of capsules and tablets • Budget of 26 billions dollars • 68 000 associates • In 130 countries • Biggest fear = generics • Abbott decided to take retaliatory measures towards Thailand

  5. ACT-UP PARIS IS DAVID • Medicine should not be regarded as a commodity • Few methods but well known • Often extreme but effective

  6. LIKE DAVID, MILITANTS ATTACKED • Flooding the Abbott website with a tone of emails • Sending a tone of faxes

  7. ABBOT STRIKES BACK • Bringing Act-Up to court • Act-Up may be condemned to pay • Act-Up risks to collapse

  8. THEN CAME AIDS IMPACT OPENING CEREMONY Marseille, France, 1-4 July 2007 AIDSImpact

  9. STARTING POINT HYPOTHESIS • If manufacturers can’t agree that medicines are not a commodity, perhaps we should begin to think like the manufacturers : • If medicine are a commodity, then patients are consumers • Consumers have rights and methods of action • = competition

  10. CONCLUSIONS • ABBOTT retreated and withdrew its complaint • Battle is not over, all those who need treatment don’t have access to the best one • But a step has been taken : some patients and doctors now have choice

  11. QUESTIONS • Would it be conceivable to have an international alliance between patients who have no problems with medicine and those who have? • Are we capable of solidarity?

  12. OTHER QUESTIONS • When, with how many different medicines available, with how many firms present in the country can we decide that we have enough choice and can therefore use the competitors’ products? • How can we mobilize patients with other illnesses to boycott the products of a company which acts unacceptably towards aids patients?

  13. AND MORE • How can we assess the effectiveness of such measures so they are not in vain and have a real impact on access to care and fair prices? • How do we make social Science researchers aware of these issues? • How do we mobilize patients in the North countries, who have free access to care with their social security systems, to rally for the patients in the south, who are victims of industrial and political blackmail?

  14. Abstract n° MOAE0104 V. Pelletier, B. Spire, E. Chateau THANK YOU

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