...EXPANDING THE FRONTIERS OF ABUSE OF DOMINANCE THE ASTRAZENECA CASE AND ITS IMPLICATIONS FOR SOUTH AFRICA Neil Mackenzie and Stephen Langbridge1 On 6 December 2012 the European Court of Justice decided the case of AstraZeneca v Commission2. The ECJ upheld the European Commission’s finding of a novel abuse of dominance - by strategic misuse of regulatory procedures, AstraZeneca impeded the entry by marketers of generic pharmaceutical products into various European markets. The company was found to have made misleading representations to patent regulatory agencies in order to procure unwarranted extensions to existing patents, and to have strategically withdrawn the market authorisations ordinarily relied upon by generic producers to sell their products. What is novel about this? Abuse of dominance laws are typically applied to what might be described as conduct in the market. What we mean by this is the manner in which the dominant firm provides its goods or services to the market, and engages with its suppliers, customers and competitors. The AstraZeneca case applies abuse of dominance law to ‘non-market’ conduct in this case conduct in the course of engaging with regulatory authorities. This previously unchartered species of anti-competitive behaviour could be described as a ‘regulatory abuse’. This case appears, therefore, to have expanded the frontiers of European abuse of dominance law. Its implications may well be profound for the enforcement activities of competition authorities...
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...Pfizer and the Challenges of the Global Pharmaceutical Industry Case Study Introduction This report is to summarize the results of Pfizer’s challenges on global pharmaceutical industry and analyze driving factors of competition. I briefly give the industry definition describing the scope of the analysis. The paper has the following major goals: 1) To analyze the current situation, major competition challenges and the prospects of the pharmaceutical industry; 2) To assess Pfizer’s position as a major players of the global pharmaceutical industry and make a comparative analysis of other business practices and financial results using the VRIO method; 3) To recommend Kindler opportunities for further strengthening of their positions by conducting Porter 5 forces. Pharmaceutical Industry Overview Historically, the pharmaceutical industry has developed, produced and marketed one of the most profitable and high margin drugs for many years. This industry has gone through substantial changes in the last few decade and pharmaceutical firms face major challenges, including headline-grabbing litigation, imminent patent expirations, new technologies, rising drug development costs, generic drug substitution, international competitors, and complex public policy issues. Competition Challenges and Prospects A firm must develop a product-market diversification strategy otherwise it may face substantial setbacks once the product loses momentum. It’s important...
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...Assignment 3.2: Thought Assignment In December 1997, the EEOC released the “Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms”. This guidance outlines employers and staffing firm obligations as they apply to anti-discrimination statues under federal law. Applicable laws include Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA). Under law, companies with greater than 20 employees are subject to regulations under the ADEA, greater than 15 employees under the ADA, and greater than one under the EPA. “Employee” is defined in “Coverage Issues” and clearly differentiated from independent contractors for the purpose of determining application of the EEO guidance. The guidance around employee status, while detailed, requires that employers examine each situation on a case-by-case basis in order to determine employee status under law. Because the employer and its staffing firm are jointly responsible for the following of EEO guidelines, employers should consistently follow EEO guidelines regardless of employee status. My company currently engages staffing agencies and Recruitment Process Outsourcing (RPO’s) for the purposes of placing both contract and fulltime employees across all areas of our business. As we establish and maintain relationships with our external suppliers...
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...Section 1 Learning from Meetings and Presentation My research report focusing on business and financial performance analysis of AstraZeneca over three year’s period. I had three meeting with my mentor, and I very appreciate her supports and advices for my research report. She showed me the direction from where I could start my project and reach to conclusion. And she pointed out problems that I had made and took enquiries from me. Therefore, there are many learning outcomes from meeting with my project mentor. Preparation and implementation work. After discussed with my mentor, I realized that preparation is very important to make sure the objectives of the meetings can be achieved efficiently and successfully. A proper preparation can facilitate the discussion so that maximum benefits can be derived from the meetings. And I had prepared a timetable for the project timeline and also issues to be discussed in the meeting. According to the requirement of the first meeting with my project mentor, I have to know the research frame, goals, approach and the time arrangement. That means I should make the planning about the research. I choose AstraZeneca PLC as the topic of this study about the business and financial performance. As a pharmaceutical company, AstraZeneca achieves great development in the recent years which is worth studying its changes of financial performance and business. Furthermore, I adopt ratio analysis and model analysis for understanding clearly...
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...The History and Analysis of the Pharmaceutical Industry Pharmaceuticals Industry Analysis 1. 2. 3. 4. 5. 6. 7. 8. Origins and Evolution Environmental Analysis (PEST) Structural Industry Analysis (Porter’s Five Forces) Strategic Issues Facing The Industry Analysis of Key Industry Participants and Strategy Pfizer – SWOT Analysis and Strategy Review Conclusion References 2 2 4 5 6 8 10 10 i Pharmaceuticals Industry Analysis Executive Summary This report provides an analytical strategic review of the pharmaceutical industry; it’s origins, evolution, development and competitive environment within which it operates and the strategic issues facing the industry. The report also offers an overview of the industry, it’s key players, their strategic outlook, the impact of technological developments and other strategic issues facing the industry. The latter sections of the report focuses on the industry’s leading firm, Pfizer\Pharmacia. Page 1 Pharmaceuticals Industry Analysis The Pharmaceutical Industry 1. Origins and Evolution 1 The modern pharmaceutical industry is a highly competitive non-assembled global industry. Its origins can be traced back to the nascent chemical industry of the late nineteenth century in the Upper Rhine Valley near Basel, Switzerland when dyestuffs were found to have antiseptic properties. A host of modern pharmaceutical companies all started out as Rhine-based family dyestuff and chemical companies e.g. Hoffman-La Roche...
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...Company Name : Abbott India Assignment 2- Overview of the Industry (a) Degree of competitiveness in the industry; The Indian Pharmaceutical sector is highly fragmented with more than 20,000 registered units. It has expanded drastically in the last two decades. The leading 250 pharmaceutical companies control 70% of the market with market leader holding nearly 7% of the market share. It is an extremely fragmented market with severe price competition and government price control. The pharmaceutical industry in India meets around 70% of the country's demand for bulk drugs, drug intermediates, pharmaceutical formulations, chemicals, tablets, capsules, orals and injectibles. There are about 250 large units and about 8000 Small Scale Units, which form the core of the pharmaceutical industry in India (including 5 Central Public Sector Units). These units produce the complete range of pharmaceutical formulations, i.e., medicines ready for consumption by patients and about 350 bulk drugs, i.e., chemicals having therapeutic value and used for production of pharmaceutical formulations. Following the de-licensing of the pharmaceutical industry, industrial licensing for most of the drugs and pharmaceutical products has been done away with. Manufacturers are free to produce any drug duly approved by the Drug Control Authority. Technologically strong and totally self-reliant, the pharmaceutical industry in India has low costs of production, low R&D costs, innovative scientific...
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...pharmaceutical company that is global based. They produce medicines for people around the world and it claims that “good health is vital” t o them. They also claim to use justifiable means in producing medicines that are needed in the world using science and their global resources. They produce medicines that prevent diseases and they are working towards coming up with new products that will prevent/cure challenging diseases that we see in our daily lives like Alzheimer’s and cancer. They are focused on their customers and their shareholders has they strive to be transparent and listening to the people who are involved in making decisions about health issues. Recently, Pfizer has had some problems (they failed to take over the British company AstraZeneca, much to the chagrin of many) and scandals that are usually associated with pharmaceutical companies like animal testing, testing drugs on children to mention but a few. In 2012, it also paid about $60 million to settle charges of bribery. A lot of multinational/global companies make very good case studies on ethics and Pfizer is one of those. Using your research of the company complete the following questions; 2.1: Explain how Pfizer’s objectives are affected by ethical considerations . (M1). You are required to explain Pfizer’s corporate objectives and how they are affected by ethical considerations. Consider; response to ethical pressures, implementing ethical practices, public image, UK Law, EU Law, mission and vision...
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...Analysis of Case Study on Salix Pharmaceuticals, Inc Founded by two mutual acquaintances and former staff members of California Biotechnology Inc. (CalBio), Lorin Johnson and Randy Hamilton set out to build a company specializing in a specific area of need, such as inflammatory bowel disease. Their search throughout the international landscape was focused on the chemical compounds that would be the foundation for therapeutic drugs that serve as a benefit to the management gastric disorders. As these compounds were discovered by way of research, with the intent to align and contract with already licensed agreements if the price allows for the newly formed company to take part. One such compound that fit the need for the company was found at a research company in England by the name of Biorex. Johnson and Hamilton found that Biorex had a compound balsalazide disodium that was chemically similar in structure to salicin (found in the bark of the willow tree) that has been known to alleviate pain and fever. (Kyriazis and Swayne) After meeting with the Biorex representatives in the London headquarters, Salix was able to make an agreement to license their first product. Yet this opportunity had a big hurdle to overcome, since the business partners were working out of a spare bedroom and a limited capital of $9,500. It was necessary for the partners to gain the much needed capital to market their new and surround a team of sales personnel to get the word out. The team of Johnson...
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...national regulatory requirements relating to its current businesses and ensures that current Good Manufacturing Practices (cGMP) as recommended by World Health Organization is followed properly. ACI has been accepted as a Founding Member of the Community of Global Growth Companies by the World Economic Forum which is the most prestigious business networking organization. ACI formulates and markets a comprehensive range of more than 387 products covering all major therapeutic areas, which come in tablet, capsule, powder, liquid, cream, ointment, gel ,ophthalmic and injection forms. ACI also markets world-renowned branded pharmaceutical products like Arimidex, Casodex, Zoladex, Atarax etc. from world-class multinational companies like ASTRAZENECA, UK and UCB, BELGIUM in Bangladesh.ACI is actively engaged in introducing newer molecules and Novel Drug Delivery Systems (NDDS) to meet the needs of the future.ACI introduced the concept of quality management...
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...The Continuing Evolution of the Pharmaceutical Industry: Career Challenges and Opportunities December 2007 Michael Steiner, CFP®, CPA David H. Bugen, CFP®, MBA Brian Kazanchy, CFP®, CFA, MBA William T. Knox IV, CFP®, CFA, JD Margaret V. Prentice, MBA Lauren Goldfarb Mark P. Hurley Steven E. Cortez Christine L. Boudreaux Benjamin J. Robins Yvonne N. Kanner Shehzad Sippy Adam L. Bartkoski Ana M. Avila RegentAtlantic Capital, LLC Michael Steiner is a Wealth Manager and Principal with RegentAtlantic Capital, LLC, and head of the firm’s Pharmaceutical Executive Services Group (PESG). David H. Bugen is a Wealth Manager and Principal, and Brian Kazanchy is a Wealth Manager. William T. Knox IV is a Wealth Manager and Principal. Margaret V. Prentice is the Chief Marketing Officer and Principal, and Lauren Goldfarb is the Business Development Coordinator. Fiduciary Network, LLC Mark P. Hurley is President and CEO of Fiduciary Network, LLC. Steven E. Cortez is Executive Vice President. Christine L. Boudreaux is Director of Adviser Communications, and Benjamin J. Robins is General Counsel. Yvonne N. Kanner is Executive Vice President and COO, and Shehzad Sippy is a Research Analyst. Adam L. Bartkoski is Director of Adviser Operations and Development, and Ana M. Avila is an Intern. © Copyright Fiduciary Network, LLC, 2007 This material is for your private information, and we are not soliciting any action based upon it. Opinions expressed are our current views only, at the...
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...A bitter pill as China crackdowns squeeze pharma margins A crackdown on corruption and pricing in China's fast-growing pharmaceutical market has squeezed profits and margins, raising a red flag to global Big Pharma that the days of easy growth in the country may be over. A Reuters' analysis of more than 60 listed Chinese healthcare firms shows average profit margins declined to around 10 percent last year from 15 percent in 2012. Average net profits fell 2.1 percent, down from close to 20 percent growth in previous years. China has been a magnet for the big global pharmaceutical companies and other healthcare firms as growth slows in Europe and the United States. It is the largest emerging drugs market and is set to be the global number two overall within three years, according to consultancy IMS Health. While global drugmakers withhold their China profit figures, the analysis suggests profit growth is harder to come by - a concern as many global firms look to China as a future growth driver. "Most companies, local and foreign, have enjoyed an easy growth phase for 5-6 years as money was thrown at the healthcare system to improve access," said Alexander Ng, Hong Kong-based associate principal at McKinsey & Co. "Now China is more into cost containment mode... and the squeeze on pricing and margins is a lot more apparent." Over the past year, China has cracked down on high prices and corruption in the healthcare sector. Authorities probed drugmakers over pricing...
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...The Pharmaceutical Industry 1. Origins and Evolution The modern pharmaceutical industry is a highly competitive non-assembled1 global industry. Its origins can be traced back to the nascent chemical industry of the late nineteenth century in the Upper Rhine Valley near Basel, Switzerland when dyestuffs were found to have antiseptic properties. A host of modern pharmaceutical companies all started out as Rhine-based family dyestuff and chemical companies e.g. Hoffman-La Roche, Sandoz, Ciba-Geigy (the product of a merger between Ciba and Geigy), Novartis2 etc. Most are still going strong today3. Over time many of these chemical companies moved into the production of pharmaceuticals and other synthetic chemicals and they gradually evolved into global players. The introduction and success of penicillin in the early forties and the relative success of other innovative drugs, institutionalized research and development (R&D) efforts in the industry 4. The industry expanded rapidly in the sixties, benefiting from new discoveries and a lax regulatory environment. During this period healthcare spending boomed as global economies prospered. The industry witnessed major developments in the seventies with the introduction of tighter regulatory controls, especially with the introduction of regulations governing the manufacture of ‘generics’5. The new regulations revoked permanent patents and established fixed periods on patent protection for branded products, a result of...
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...CORPORATE SOCIAL RESPONSIBILITY IN THE PHARMACEUTICAL INDUSTRY: BETWEEN TREND AND NECESSITY by Cecile Oger BSc. (Honours) Chemistry with Business Administration Kingston University London, UK, 1995 A thesis presented to Ryerson University In partial fulfillment of the requirements for the degree of Master of Business Administration In the program of Master of Business Administration Toronto, Ontario, Canada, 2009 © Cecile Oger 2009 Library and Archives Canada Bibliothèque et Archives Canada Published Heritage Branch Direction du Patrimoine de l’édition 395 Wellington Street Ottawa ON K1A 0N4 Canada 395, rue Wellington Ottawa ON K1A 0N4 Canada Your file Votre référence ISBN: 978-0-494-59035-5 Our file Notre référence ISBN: 978-0-494-59035-5 NOTICE: AVIS: The author has granted a nonexclusive license allowing Library and Archives Canada to reproduce, publish, archive, preserve, conserve, communicate to the public by telecommunication or on the Internet, loan, distribute and sell theses worldwide, for commercial or noncommercial purposes, in microform, paper, electronic and/or any other formats. . The author retains copyright ownership and moral rights in this thesis. Neither the thesis nor substantial extracts from it may be printed or otherwise reproduced without the author’s permission. L’auteur a accordé une licence non exclusive permettant à la Bibliothèque et Archives Canada de reproduire, publier...
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...The Global Pharmaceutical Industry: Conduct an external analysis Introduction The pharmaceutical industry is described by high levels of risky and lengthy R&D process, tough competition for intellectual property, tighter government regulations and powerful pressures on buying power. (Johnson, 2006) In 2011, several blockbuster drugs patent like Lipitor will expire, possibly endangering the revenues of the pharmaceutical industry for the next three to five years. On the global level, the historical supremacy of the US was being challenged with the highest market growth rates recorded in emerging markets. The industry more than ever need to get a handle on the slippery business by offering a true step change in strategy. This case study will critically analyse the Global Pharmaceutical Industry with PESTEL, Porter’s five forces, SWOT analysis and plausible views of industry in the future. PESTLE PESTLE analysis used to help organisation to understand in depth that what is the current status of the organisation and the external factors which are effecting. It also helps to the Management to make strategy for the future and overcome the weak areas of the organization. PESTLE is comprises of political, Economical, Social, Technological, Legal and Environmental factors. Political The both policies (domestic and foreign) of government have a great effect on the industry innovation as compare to the other factors. To get the attentions of firms due to increase the economic...
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...Birzeit University | Strategic Management | Porter’s Analysis: Pharmaceutical Industry | Submitted to Dr. Grace Khoury | By: Asem Masri. Student No. 1125420 | 11/6/2014 | 1. Contents Introduction 1 Porter’s Five Forces Analysis 1 Threat of new entrants 1 Rivalry among existing firms 2 Threat of substitute products 2 Bargaining power of buyers 3 Bargaining power of suppliers 4 Relative Power of other stakeholders 4 Conclusion 5 References 5 Introduction The pharmaceutical industry in Palestine is one of the most profitable industries, with the Palestinian companies owning 55% and 30% market share of the private and public sectors respectively, and high potential of growth even more, in a market estimated at around USD 100 million. All these companies mostly reproduce generics that are seen as commodities rather than differentiated, and highly depend on preferred agreements with pharmacies, doctors, hospitals and medical centers to serve both as their marketing and distribution channels. All operating firms in the industry are publicly traded companies, are highly controlled and regulated, depend heavily on technology and require vast financial resources. Because of the large size , high complexity and vast financial requirements of the industry, it won’t be a straight forward task to decide on whether this industry is attractive to enter or not, without performing proper STEEP and industry analysis. In this case, we will focus on performing...
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