Patient advocacy groups are persistently urging the South African government to initiate a fresh antitrust investigation concerning Vertex Pharmaceuticals. These calls are rooted in claims that the company allegedly misled regulatory bodies, which purportedly led to the premature conclusion of a high-profile case last year, a case centered on the availability of cystic fibrosis treatments.
In December of the previous year, the Competition Commission closed its inquiry, stating that Vertex had adequately addressed concerns regarding drug access. This decision came after a patient's initial complaint argued that Vertex had infringed upon fundamental South African constitutional rights, specifically the basic right to health. The complaint further asserted that the company had misused its patent privileges.
A crucial aspect of the original grievance highlighted that Vertex, a dominant supplier of cystic fibrosis medications, including the highly effective treatment Trikafta, had not registered the drug with local regulatory authorities. Consequently, given Vertex's patent control in the country, the only way for patients to obtain Trikafta was through importation from the United States, an option rendered unfeasible by the drug's staggering list price, exceeding $300,000, thereby creating an insurmountable barrier to access.