DIPP scheduled to meet on September 27 to discuss the issue. *Nayanima Basu*
*22 September 2011*

After drawing severe criticisms from several quarters over its unrealistic
poverty line definition, the Planning Commission is now receiving brickbats
for favouring multinational pharma companies.
The Department of Industrial Policy and Promotion (DIPP) is up in arms
against the Committee headed by Planning Commission member Arun Maira on
allowing unrestricted foreign direct investment (FDI) in the country’s
pharmaceutical sector.
 *TAKEOVER CASES* *Year * *Indian company
taken over * *Foreign company
which took over* *Country
of origin* Aug ‘06 Matrix Lab  Mylan Inc  USA Apr ‘08 Dabur Pharma  Fresenius
Kabi  Singapore Jun ‘08 Ranbaxy Lab.  Daiichi Sankyo Japan Jul ‘09 Shanta
Biotech  Sanofi Aventis  France Dec ‘09 Orchid Chemicals  Hospira US
May ‘10 Piramal
Health Care Abbot Laboratories  US

In the upcoming meeting of the committee scheduled for September 27, the
department is planning to raise concerns over the issue and make a
presentation on how this would sound the death knell for the Indian generics
drugs industry.

The committee was formed early this year by the Cabinet Committee on
Economic Affairs (CCEA) to look into the issue of creating an
investor-friendly environment for promoting fresh investments in the sector
and position India as a leading destination for drug research and
manufacturing hub. But so far it has met only twice, while mergers have
continued to happen. However, Dipp has charged the committee of operating
under the "influence of drug cartels and influential MNC lobbies."

Presently, the government permits 100 per cent foreign direct investment
(FDI) via automatic route. While the Planning Commission is in favour of
continuing the policy, the DIPP and the ministry of health has asked for
imposing restrictions on mergers and acquisitions by multi-national
companies (MNCs) of domestic drug manufacturers.

“The committee had not yet come out with a single recommendation. It is
unnecessarily dragging its feet over the issue. The committee has to see the
reality that there was a need to make MNC takeover norms stricter and revise
the FDI policy for the drugs and pharmaceuticals sector, by bringing FDI in
the sector under the government route,” a senior DIPP official told Business
Standard.

Apparently, in the upcoming meeting next week, the committee is now going to
bring out a comprehensive report with its recommendations. However, the
final call on this issue would be taken by the prime minister next month.

In an effort to alert the prime minister, Commerce and Industry Minister
Anand Sharma had written a strongly-worded letter berating the committee’s
failure to bring about any tangible results. He said unrestricted
acquisition of domestic drugs producers by the MNCs would not only erode the
market but will also increase the prices of medicines making in inaccessible
to the common man. Indian generics drugs are 35 per cent cheaper compared to
international drugs.

“The Indian generic pharma industry has in the recent years posed a major
challenge to the MNCs through production and export of low cost high quality
medicines as well as patent challenges. Once taken over, the MNC firms could
bring a completely different product-mix, which could change the production
profile of low-prices generics vis-à-vis branded medicines,” Sharma said in
the letter. He also urged the prime minister to balance “both concerns”
thereby allowing fresh investments through the automatic route while
takeovers would go through the government route in which approvals need to
be sought from the Foreign Investment Promotion Board (FIPB) by the
companies.

The Department of Economic Affairs under the ministry of finance has also
sided with the committee and said that any restrictions on mergers and
acquisitions would send out negative messages to global investors and would
tantamount to “rollback of the FDI policy”.

The Indian Pharmaceutical Alliance has also shown concerns over decline in
the exports of generics drugs from India. Indian pharmaceutical industry is
one of the fastest growing segments. It produces 25 per cent of the world’s
generics drugs. Indian firms produce nearly 60,000 generic brands in 60
therapeutic categories and between 350 and 400 bulk drugs.

Some of the big-ticket deals that have happened during the period 2006-2010
were acquisition of Matrix Lab by US-based Mylan Inc in August 2006, Japan’s
Daiichi Sankyo acquired Ranbaxy Laboratories in June 2008, France-based
Sanofi Aventis took over Shanta Biotech in July 2009 and last year in May
US-based Abbot Laboratories acquired Piramal Healthcare

http://www.business-standard.com/india/news/maira-panel-flayed-for-favouring-fdi-in-pharma/450073/

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