PETALING JAYA, Oct 13 — The Health Ministry says it has no legal power to take action against pharmaceutical companies found to be unethical or trying to gain a monopoly in the industry.

Pharmaceutical services division deputy director Salbiah Mohd Salleh said the ministry was aware of the current situation in the industry but there was only so much it could do.

Salbiah told Malay Mail that business conduct was not under the ministry’s purview and that the Malaysia Competition Commission (MyCC) was the authority.

"If companies contravene the Competitions Act 2010, MyCC may act proactively or based on complaints. Currently, the Health Ministry does not have legal power,” she said. 

Salbiah also said to the ministry, a monopoly happened when a company is the sole supplier of a product.

"They (the company) can be the holder of a product patent or be the only supplier of any off-patent product,” she said.

On Tuesday, MyCC said seven drug companies were being investigated by the commission for unethical practises. They had allegedly given special prices to bigger pharmacies while elbowing smaller ones out of business.

Salbiah said the ministry was doing what it could to stop unethical practises.

"We have addressed the issue administratively through the release of the Guideline on Good Pharmaceutical Trade Practises in collaboration with MyCC.”

Currently, there are more than 100 pharmaceutical companies in the country with a total market value of RM1.4 billion.

Malaysian Pharmaceutical Society president Amrahi Buang said the country’s unique healthcare system was what enabled parties to take advantage of others.

"If we keep saying the system is a good one then we are just cheating ourselves because in reality it isn’t. The system itself is ineffective and is contributing to all these problems,” he told Malay Mail.

"We are serious in tackling this issue and is not a new thing because it affects patients directly.”

He said the procurement of medication in the private sector was the issue, as compared to the government sector, because there was no form of control.

"At the end of the day, it is an accessibility problem for consumers because we don’t have an integrated system for both sectors,” he said.

"The drugs are managed like any other commodity and now we are talking about a flawed market system where consumers are affected greatly.”

He said another flaw in the system was the lack of prescriptions to patients and itemised billing for medication.

"Without these, there is no way the consumers are in a position to choose for themselves and it is depriving them of their rights,” he said.

"I want the ministry and consumers to open their eyes. Medication is important and a need in which the ministry has a large role to play to voice their stand and be stern about the matter.”

Amrahi said MyCC’s probe into the seven pharmaceutical companies for unethical business behaviour was an eye-opener to the industry.

"We applaud them because we have been saying this was a problem for many years.”