Abstract

The history of drugs price regulation at the national and supranational level is also the history of a retreat of public law in favor of shifting the relationship between Big Pharma and States on a contractual level. The renunciation of public law transforms fundamental rights, such as the right to health, into commodities to be purchased on the market, subjecting public choices to the rules of profit. What emerges is the worrying result of a globalized regulation in which the States, with no more instruments of public policy, are mere intermediaries between increasingly strong companies and increasingly weaker consumers. What happened with the Covid-19 vaccines is a confirmation of this