Once an application to test a new drug compound has been approved, it must pass a series of tests. Only about 23% of all drug compounds that enter into Phase I ever make it through this phase and into the second phase (Scherer, 2000). This failure rate means a lot of wasted money in the research and development stages of product development. This means that the drug companies have only a slim chance to see profit from any of their ideas and efforts. The efforts of pharmaceutical companies fail many more times than they result in success. Capital investment in new drugs is risky business. Government regulation limits the company's chances for success. This factor makes the investment of initial capital for research and development risky business.
Role of Patents
During the 1970s and 1980s, the FDA was criticized for creating a 'lag' that placed the U.S. behind international competitors in making the newest technology available to consumers. The FDA responded with the explanation that it made the process so costly and difficult to obtain to discourage the introduction of too many variants of similar products on the market. Changed to FDA policy resulted in an increase in post-new drug application patent time during the 1990s. These changes included a reduction in review time, patient extensions, pediatric exclusivity, and other changes in legal definition (Seoane-Vasquez, Schondelmeyer, & Szeinbach, 2008). It was felt that having too many variants of what had already been done before did not benefit the consumer. For instance, having numerous drugs that were all for the treatment of warts would do little, particularly when there were so many other conditions or diseases that could have benefited from attention.
In order to prevent the overabundance of similar products and to spread out the market concentration, drug products must now be patents. Patents for new products are difficult to obtain. Not only does the product have to pass all of the FDA regulations, it must prove that it is unique. Failure to prove degrees of difference and obtain a patent can mean costly lawsuits from competitors. This adds another layer of complexity to an already complex process.
Pricing in a Complex Industry
Price elasticity of demand varies according to several factors. For instance, well-established pharmaceutical can charge a premium price for their products and still realize a substantial amount of price elasticity (Sherer, 2000). Many pharmaceutical products may mean the ability to extend life. These products have considerably more price elasticity than those that are for relatively minor ailments. Consumer are wiling to share costs and forego purchases in other industries in order to afford their medications (Mukherjee, 2008). There are many factors that affect the pharmaceutical industry that are not a factor in price elasticity in other industries.
Prices were found to differ for the same drugs according to geographic area in the United States (Lal, Mathur, & Arbuckle, 2008). Prices are also influenced by supply and demand, just like another other product. For instance, drug shortages result in price rises, while patent expiration can result in a price downturn (Kelton, Rebelein, & Dusing et al., 2008). When compared to the market driven system of the United States, it was found that price mark-ups were similar to those found in Finland's regulated pharmaceutical industry (Hermans & Linnosmaa, 2008). A more transparent price-setting model has been proposed in the United States, but thus far it has not gained much support (Capri & Levaggi, 2008).
Companies enjoy the benefits of patent protection for many years. However, this does not necessarily mean that they are immune from direct competition. Other companies may discover a different molecule that treats similar symptoms. Therefore, competition in the pharmaceutical industry depends on the number of drugs per symptom group. In 1993, it was estimated that there were 141 specific symptom groups (Scherer, 2000). The number of drugs per symptom group has a significant impact on the ability of the company to obtain a premium price for their products. The number of drugs per symptom group creates the existence of an oligopoly in that group. This affects the pricing scheme of the individual companies. The number of drugs in the group can range form one to fifty, directly affecting the pricing scheme of the companies within that group (Scherer, 2000).
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