The new anti -monopoly law is officially implemented: antitrust in the field of medicine has entered a new era

21st Century Business Herald reporter Zhu Ping intern Meng Jiao Yang Yu on June 24, 2022, the 35th meeting of the Standing Committee of the 13th People's Congress review and approve the "Decision on Modification of the People's Republic of China Anti -Monopoly Law" The newly revised antitrust method is officially implemented today (August 1, 2022).

In addition, according to the Supreme People's Procuratorate today, the Supreme People's Procuratorate recently issued the "Notice on Implementing the Implementation of the" Anti -Monopoly Law of the People's Republic of China "to actively and steadily carry out public interest litigation procuratorial work in the field of antitrust. , Actively and steadily carry out public interest litigation work in the field of antitrust, focusing on the fields of people's livelihood protection in the Internet, public undertakings, and medicine.

In recent years, the frequent monopoly behavior of the pharmaceutical industry has become a key area for the country to strengthen anti -monopoly law enforcement. In November last year, the State Council Anti -Monopoly Committee also formulated and issued the "

Anti -Monopoly Guide of the State Council Anti -Monopoly Committee on the Farm and Pharmaceutical Field. In June of this year, according to the "China Annual Report (2021)" (hereinafter referred to as the "Report") released by the State Administration of Market Supervision, it showed that 175 of various monopoly cases were investigated and dealt with in 2021, an increase of 61.5%year -on -year. Among them, in 2021, an anti -monopoly law enforcement agency investigated a total of 38 monopoly cases in the pharmaceutical industry.

In addition, on July 10, according to the official website of the State Administration of Market Supervision and Administration, the State Administration of Market Supervision and Administration made administrative penalties for the concentrated cases of operators who did not apply for illegal implementation in accordance with the law, and announced the administrative penalty decision in accordance with the law. It is reported that this public case is a transaction that should be declared in the past but not declared. Among them, it involves medical and health enterprises.

With the formal implementation of the new antitrust law, the antitrust of my country's pharmaceutical industry has also entered a new era. Sun Jin, director of the Wuhan University Competitive Law and Competition Policy Research Center and professor of law school, pointed out in an interview with the 21st Century Business Herald reporter that this revision is the key period of the national development strategy from industrial policy to competition policy. The country promotes fair competition with greater determination and stronger efforts, opposes monopoly, improves digital rules, has made a comprehensive revision of the antitrust law, has been the reform of my country's market -oriented rule of law in the new era, accelerated the realization of my country's competitive development and transformation and transformation and transformation and transformation and transformation and transformation of China. Accelerating the construction of a national unified market and realizing high -quality development and common prosperity on the basis of this basis provides a high -quality system supply and complete legal guarantee.

Anti -monopoly cases in the pharmaceutical industry

The "Annual Report of China's Anti -Monopoly Law Enforcement (2021)" shows that in 2021, 175 cases were investigated and dealt with in the whole year, an increase of 61.5%year -on -year, and the amount of penalties was 23.592 billion yuan. Among them, in 2021, there were 3 cases of monopoly agreement in the pharmaceutical industry, 3 cases of abuse of market domination status; 6 cases of abuse of administrative power and restricting competition cases; 26 concentrated cases of operators in the pharmaceutical industry, with a total transaction amount of 300.7 billion yuan. The total penalty of the above cases was 950 million yuan. A number of well -known pharmaceutical companies such as Xianyin Pharmaceutical, Yangzi Jiang Pharmaceutical, Tianjin Tiandai Pharmaceutical and other well -known pharmaceutical companies.

The "Report" pointed out that on December 31, 2021, Ningbo Yuheng Health Investment Co., Ltd. and Jiangsu Jingdongbang Energy Investment Management Co., Ltd. were punished by the General Administration of Market Supervision for the establishment of an illegal implementation of an illegal implementation in accordance with the law. On April 8th, Ningbo Yuheng and Jingdongbang could sign an agreement to set up a joint venture Ningbo Yukong Health Technology Co., Ltd. in Ningbo City, Zhejiang Province. Each was fined 500,000 yuan.

For example, the General Administration of Market Supervision in 2021 directly investigated and dealt with the vertical monopoly agreement of Yangzijiang Pharmaceutical Group to restrict downstream enterprises' recounting prices, promote some common drug prices such as Lanqi oral solution by more than 30%, and compliance with other pharmaceutical companies in accordance with laws and regulations. Operations play a demonstration role, prompting pharmaceutical companies to conduct self -investigation and rectification of their own operating behavior, and establish and improve antitrust compliance management systems.

In addition to enterprises, in the anti -monopoly cases of the pharmaceutical industry, illegal subjects even include administrative institutions such as Health and Health Bureau, and the Health and Health Bureau of Lanshan District, Linyi City, Shandong Province was investigated and punished for abusing administrative power and restricting competition. On February 7, 2021, the Shandong Provincial Market Supervision Bureau announced two monopoly cases to correct the abuse of administrative power and restricting competition behavior of the Rizhao Health Committee and the Lanshan District Health Bureau of Linyi City. The announcement shows that starting in June 2012, the Lan Shan District Health and Health Bureau selected 5 distribution companies in the name of carrying out the pilot work of basic drugs in grassroots medical institutions, which caused other pharmaceutical distribution companies to enter the regional market. For 8 years, it was required to correct the provisions of Article 32 of the Anti -Monopoly Law.

Empower the anti -monopoly strengthening law enforcement guarantee

In the face of various high -incidence monopoly behaviors and fields, strengthening antitrust law enforcement and supervision will be the general trend. The new monopoly law implemented by landing has also provided a strong guarantee for strengthening antitrust law enforcement justice.

In the general rules of the new monopoly law, Article 11 stipulates that "the country improves the system of anti -monopoly rules, strengthen antitrust supervision forces, improves the level of regulatory capacity and the modernization level of regulatory systems, strengthen antitrust law enforcement justice, according to law according to law A monopoly case in fair and efficient trial, improve the mechanism of administrative law enforcement and judicial connection, and maintain a fair competition order. "

In this regard, Professor Sun Jin pointed out to the 21st Century Business Herald that since the integration of anti -monopoly law enforcement agencies in my country in 2018, the preparation of antitrust law enforcement officers has actually greatly reduced, and to a certain extent, the anti -monopoly law enforcement force has been weakened. In response to real issues, it provides legal guarantee for greatly enriching the power of antitrust supervision and strengthening antitrust law enforcement work. Regardless of international experience and the implementation of the domestic anti -monopoly law, antitrust law enforcement and justice "walking" and the two are connected to each other. While strengthening law enforcement, they also emphasize to strengthen judicially. my country's antitrust judicial shortcomings, coordination law enforcement and judicial conflicts have significant guiding significance. Moreover, the law of law "requires" the monopoly case of anti -monopoly judicial "and" fair and efficient trial monopoly cases ", leaving sufficient institutional space for the active exploration of the establishment of a competitive court (court) in judicial practice. In addition, the newly added "antitrust law enforcement agency to investigate suspected abuse of administrative powers and restrict competition in accordance with the law, and relevant units or individuals should cooperate" as the 54th of the law, clarifying the antitrust law enforcement agency's administrative monopoly behavior of administrative monopoly behaviors During the investigation of law, the cooperation obligations of relevant units or individuals were conducted to further ensure the normal exercise of the independent investigation of antitrust law enforcement agencies, and improved the procedural power of antitrust law enforcement agencies. Article 55 stipulates that "an organization with management public affairs authorized by operators, administrative agencies, laws and regulations is suspected of violating the provisions of this Law, and the antitrust law enforcement agency may conduct the legal representative or person in charge of its legal representatives or responsible persons. The interview is required to propose improvement measures. "This provides new processing authority for antitrust law enforcement agencies to handle administrative monopoly behaviors, enrich the law enforcement toolbox, and enhance law enforcement authority. Article 61 The content of Article 6 newly adds "administrative agencies and laws and regulations authorized organizations with management public affairs functions shall report written reports in writing and anti -monopoly law enforcement agencies in writing." The organizations authorized by regulatory management of public affairs must not only report a written report on the superior agency, but also report antitrust law enforcement agencies to help improve the authority of antitrust law enforcement agencies.

At the same time, Professor Sun Jin also pointed out that the new anti -monopoly law increases Article 19 to prohibit the axis spoke agreement, that is, "the operator shall not organize other operators to reach a monopoly agreement or provide substantial help to other operators." The new provisions will have a greater impact on the practical level on the pharmaceutical industry and enterprise operations. Especially: (1) In the process of managing dealers, enterprises should focus on the risk of shaft agreement in the practice of dealers 'contradictions and convening dealers' conferences; Risk axis spoke agreement during the process.

Professor Sun Jin pointed out that the new antitrust law has greatly improved in terms of legal responsibility and punishment, further enhancing the deterrent of antitrust law. The new laws of new amendments have greatly improved the responsibility system, and multiple punishment methods are used together to jointly punish to build an effective deterrent system for antitrust law. Strong institutional guarantee.

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