Business Strategy and Access to Medicines in Developing
Countries
Anne
Roemer-Mahler
The
availability of generic ARVs was important for the expansion of treatment in
developing countries. This paper argues that it is therefore imperative to
examine which factors have shaped generics companies’ decisions to supply these
drugs. This will help us better understand the development of the global AIDS
response in the past and how to address some of its future challenges. This
paper illustrates the value of combining the investigation of political and
economic dynamics with a focus on how they affect the commercial considerations
of companies that supply products required by society. In doing so it
contributes to the existing literature on business in global governance, which
tends to focus on how business affects states’ decision-making but neglects how
global governance influences companies’ decisions to produce some goods and not
others.
Introduction
A
major challenge for the global community in the fight against HIV is how to
fund treatment for millions of people living with HIV also living in poverty.
At the end of 2009, only about 36 percent of people living with HIV in low- and
middle-income countries received anti-retroviral therapy (ART).[i]
Given that people living with HIV require lifelong treatment and annual new
infection rates have varied between 2 and 3.5 million per year since 1990, the
magnitude of the problem is evident.2 Against
these daunting figures, however, stand more encouraging ones, namely that
approximately 5.25 million people living with HIV in developing countries have
gained access to antiretroviral drugs (ARVs) in the past decade.[ii]
This represents a more than 20-fold increase since 2001, when only about 240,000
people living with HIV in developing countries were receiving treatment.[iii] While the task ahead remains enormous,
experience shows that expanding treatment on a large scale is possible.
In order to explain the progress
achieved in the global AIDS response during the past decade, many authors have
emphasised the increased political momentum, especially on the part of
governments and international organizations, as manifest in the 2001 UN General
Assembly Special Session on HIV/AIDS and the 2006 UN General Assembly High
Level Meeting on AIDS; the creation of new intergovernmental organizations,
including the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the
Global Fund to Fight AIDS, Tuberculosis and Malaria; and programmes within
existing intergovernmental organizations, including the World Bank, the United
Nations Children’s Fund (UNICEF) and the United Nations Population Fund
(UNPFA), as well as programmes launched by individual governments, such as the
US President's Emergency Plan for AIDS Relief (PEPFAR).[iv]
Also the governments of some developing countries have forcefully responded to
the pandemic, notably Thailand and Brazil.5
By the end of the decade, eight developing countries had achieved universal
access to ART.6 Some authors have also
pointed at the critical role played by people living with HIV as well as civil
society organizations in national and global efforts to fight HIV.7
In addition, many studies mention the
importance of low-cost generic ARVs becoming widely available in 2001 as a key
factor enabling progress in the global AIDS response.8 Stephen
Lewis, former UN Special Envoy for AIDS in Africa, stated that “we wouldn’t
have this extraordinary run of treatment in Africa now if it weren’t for the
generic drugs.”9 The availability of low-cost generic ARVs contributed to the progress
of the global AIDS response both directly and indirectly. Generics contributed
directly because they led to a drop in drug prices, which increased the
affordability of treatment for poor people living with HIV. Initially, prices
fell from approximately USD 12,000 to USD 350 per person per year.10 In
2009, the weighted median price of the six most widely used first-line regimens
was USD 137 per person per year in low-income countries.11 A study on ARV supply in developing
countries found that generics companies from India alone provided more than 80
percent of the donor-funded market.12
Indirectly, the availability of low-cost generic ARVs increased access to
treatment because it fuelled the political momentum that was emerging at the
time. The drop in drug prices enabled governments and donors to subsidize
treatment on a much larger scale than before. As the then US President Bush
explained at the launch of the PEPFAR in 2003: “the cost of [ARV] drugs has dropped from USD 12,000 a year
to under USD 300 a year, which places a tremendous possibility within our grasp.”13
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