Competitive issues in public procurement procedures for the supply of pharmaceuticals
Journal title ECONOMIA PUBBLICA
Author/s Luciano Salomoni
Publishing Year 2026 Issue 2026/2
Language Italian Pages 18 P. 239-256 File size 278 KB
DOI 10.3280/EP2026-002003
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This paper examines the antitrust and competitive challenges concerning public procurement procedures for drug supplies in municipal pharmacies, highlighting the hybrid nature of these entities, balanced between the social function of health protection and market dynamics. Unlike private competitors, public pharmacies must strictly comply with the Public Procurement Code, creating asymmetries and operational rigidity within a highly competitive market. By reviewing relevant case law and guidelines from independent authorities (AGCM and ANAC), the study delves into the complexities of lot division, pricing mechanisms, and the strategic use of framework agreements to manage originators, generic drugs, and biosimilars. Lastly, the author outlines how the ongoing transition toward the “Service Pharmacy” model can transform these regulatory constraints into structural advantages, reinforcing the social role and overall efficiency of public healthcare services at the local level.
Keywords: Public Procurement Code, Tendering procedures, Competition law
Jel codes: I11, I18, K23
Luciano Salomoni, Le problematiche concorrenziali nelle procedure di gara per la fornitura di farmaci in "ECONOMIA PUBBLICA " 2/2026, pp 239-256, DOI: 10.3280/EP2026-002003