After the scandal that affected the Chilean drug retail sector in 2008, which is being heard in the country’s court, pharmaceutical companies and drug stores chains still have not fully implemented changes that could avoid a similar situation from occurring again. These conclusions were exposed in the context of the presentation of a study carried out by National Consumer’s Service (Servicio Nacional de Consumidor – SERNAC) and reported by Estrategia. They concluded that nearly three years after the scandal of alleged drug price collusion, the sector has resolved only some of the practices that led it to be under the scrutiny of the Chile’s competition watchdog. However, the study says, there are still several challenges to overcome in order to gain the trust of the consumers.
In fact, during 2009, SERNAC received nearly 2,000 complaints involving the drug market and pharmaceutical sector. During 2010, this figure dropped to almost 1,260 complaints. According to the report, the issues highlighted were unjustified fees, poor service quality, lack of information and breach of promotions and offers. Even though the total number of complaints was declining, the government is highlighting that drug stores still face the same kind of issues compared with 2008, when the scandal was unveiled. These results should be understood in the context of pharmacies which have not changed their approach to consumers, insisting on continuing with the same practices of the past. Many pharmacies still do not display the price list, whilst employees keep influencing the public by inducing them to prefer products recommended by the company which will be more expensive, in order to obtain monetary incentives as a reward.
Alleged Collusion in 2008
The turbulences in the Chilean retail drug sector emerged in December 2008, when Chile’s competition watchdog, the National Economic Prosecutor (Fiscalia Nacional Economica), initiated a lawsuit before the Free Competition Defense Court (FCDC), alleging that, between December 2007 and April 2008, three pharmacy chains (SalcoBrand, Cruz Verde and Farmacias Ahumada/FASA) had collaborated in raising the prices of more than 222 medicines, including contraceptives and drugs for treating diabetes and epilepsy. At that time, the FNE’s petition claimed that the three companies “have been guilty of the most serious crime that it is possible to conceive within the Free Competition Law: namely anti-competitive collusion. Together [the companies] fixed retail prices that they could not have fixed without collusion, thereby cheating the competition, defrauding consumers and acting against the public interest”
More Regulation!! When?
The lack of regulation and fairness in drug prices has been questioned in the context of the Chilean free market economy. Historically, the pharmacy sector has had monopolistic behaviour where indeed, three pharmacy retailers concentrate 80% of the market share in terms of drug sales in Santiago, the capital of Chile. This was observed with the drug price-fixing strategy carried out by executives of those companies, who may risk even jail.
The Chilean government is working on different aspects in order to force pharmacies to increase their transparency in terms of drug prices, in order to avoid a similar situation like that at 2008. The first is the white paper project regarding over the counter drugs (OTC), which in Chile currently are forbidden. The project is being discussed in preliminary stages in the Chilean parliament, and according to the government, if the project is approved, it will not be necessary that pharmacies have to exhibit prices lists, which also is not compulsory in legal terms. The rationale for that is because price list will be difficult to implement for small drug stores, and OTC offers a better solution for customer in terms to compare prices in shelves. Another measure is to implement a change in the regulation in order to increase access to drugs through small “pharmaceutical warehouses”, which will target rural areas and neighbourhoods where there is no pharmacies, tackling at the same time the informal commerce of drugs on the streets, which is common in vulnerable zones of the cities in Chile.