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Recently, the State Municipal Supervision Bureau reported that a pharmaceutical company in Shangqiu City was fined about 11.
044 million yuan for abusing its dominant market position and selling phenol raw materials at unfairly high prices
.
It is understood that phenol raw materials are mainly used to produce salicylic acid phenol plasters.
During the period when the above-mentioned pharmaceutical companies monopolized the raw materials, the average sales price of the raw materials increased by 9.
2 times compared with the historical price
.
Since the beginning of this year, the pharmaceutical field has issued a number of anti-monopoly tickets for APIs
.
According to incomplete statistics, as of September 2021, there have been 13 drug monopoly cases (1 suspended investigation)
.
Among them, in January 2021, the National Market Administration issued the first anti-monopoly ticket in the pharmaceutical field since 2021, and companies involved in monopolizing Batroxobin API were fined 100 million yuan
.
On April 15, the State Municipal Supervision Bureau again notified that a large pharmaceutical company was fined 3% of its sales in 2018, totaling 764 million yuan, for its violations of the anti-monopoly law to implement a monopoly agreement.
, The highest antitrust ticket issued in the pharmaceutical field
.
On April 30, the Anti-Monopoly Bureau of the State Municipal Supervision Bureau issued an announcement, imposing administrative penalties on the monopoly of raw materials drug market by three pharmaceutical companies in Tianjin, confiscating illegal gains and imposing a total fine of approximately 50.
78 million yuan
.
On July 16, the State Municipal Supervision Bureau again issued a decision on the administrative penalty for the CP camphor case that reached and implemented a monopoly agreement on three pharmaceutical companies
.
According to the administrative penalty decision of the Jiangsu Provincial Market Supervision Bureau, the three pharmaceutical companies were fined and confiscated 8.
77 million yuan, 4.
12 million yuan, and 3.
99 million yuan respectively
.
The above three companies totaled 16.
88 million fines and confiscations
.
In fact, the monopoly of APIs has occurred from time to time, which is mainly related to the API approval system and the characteristics of API production
.
In order to effectively maintain the order of competition in the API market, relevant departments of our country have also made frequent attempts in recent years. .
For example, in the “Opinions on Further Doing a Good Job in Guaranteeing Supply and Stabilizing Prices of Drugs in Shortage” issued by China in 2019, “increase the enforcement of illegal activities such as monopoly of raw materials” and “investigate and deal with raw materials and drugs according to the strictest standards.
Acts such as monopolies and price violations in the preparation field must be investigated and dealt with quickly and intensively
.
" In 2020, the State Municipal Supervision Bureau promulgated the "Guidelines for Anti-monopoly in the Field of APIs (Draft for Solicitation of Comments)".
According to the draft, law enforcement agencies may continue to consider each raw material As a separate product market assessing the market dominance of its operators, the pharmaceutical industry will cause excessive pricing, refusal to deal, exclusive distribution, and tying in the API industry to face greater abuse of market dominance.
The risk of illegal activities
.
In February 2021, China issued the "Action Plan for Building a High-Standard Market System", in which Article 9 states: "Strengthen and improve the enforcement of anti-monopoly and anti-unfair competition
.
Resolutely oppose monopoly and unfair competition
.
Formulate special fields such as APIs Anti-monopoly guidelines, guidelines for the application of exemption systems, and implementation of overseas anti-monopoly compliance guidelines for
enterprises.
Promote the improvement of legal standards in platform enterprise monopoly recognition, data collection and use management, consumer rights protection, etc.
Strengthen platform economy, sharing economy and other new formats Regulations on anti-monopoly and anti-unfair competition in the field
.
Improve the list system of corporate-related fees and severely investigate and punish violations of corporate fees
.
” In general, the pharmaceutical industry has entered an era of strong supervision.
The industry believes that the future of pharmaceutical anti-monopoly law enforcement will become Normality
.
Companies that are lucky enough to take risks and only seek immediate benefits will face a miserable situation.
In the future, only by regulating their operations can they go further
.
044 million yuan for abusing its dominant market position and selling phenol raw materials at unfairly high prices
.
It is understood that phenol raw materials are mainly used to produce salicylic acid phenol plasters.
During the period when the above-mentioned pharmaceutical companies monopolized the raw materials, the average sales price of the raw materials increased by 9.
2 times compared with the historical price
.
Since the beginning of this year, the pharmaceutical field has issued a number of anti-monopoly tickets for APIs
.
According to incomplete statistics, as of September 2021, there have been 13 drug monopoly cases (1 suspended investigation)
.
Among them, in January 2021, the National Market Administration issued the first anti-monopoly ticket in the pharmaceutical field since 2021, and companies involved in monopolizing Batroxobin API were fined 100 million yuan
.
On April 15, the State Municipal Supervision Bureau again notified that a large pharmaceutical company was fined 3% of its sales in 2018, totaling 764 million yuan, for its violations of the anti-monopoly law to implement a monopoly agreement.
, The highest antitrust ticket issued in the pharmaceutical field
.
On April 30, the Anti-Monopoly Bureau of the State Municipal Supervision Bureau issued an announcement, imposing administrative penalties on the monopoly of raw materials drug market by three pharmaceutical companies in Tianjin, confiscating illegal gains and imposing a total fine of approximately 50.
78 million yuan
.
On July 16, the State Municipal Supervision Bureau again issued a decision on the administrative penalty for the CP camphor case that reached and implemented a monopoly agreement on three pharmaceutical companies
.
According to the administrative penalty decision of the Jiangsu Provincial Market Supervision Bureau, the three pharmaceutical companies were fined and confiscated 8.
77 million yuan, 4.
12 million yuan, and 3.
99 million yuan respectively
.
The above three companies totaled 16.
88 million fines and confiscations
.
In fact, the monopoly of APIs has occurred from time to time, which is mainly related to the API approval system and the characteristics of API production
.
In order to effectively maintain the order of competition in the API market, relevant departments of our country have also made frequent attempts in recent years. .
For example, in the “Opinions on Further Doing a Good Job in Guaranteeing Supply and Stabilizing Prices of Drugs in Shortage” issued by China in 2019, “increase the enforcement of illegal activities such as monopoly of raw materials” and “investigate and deal with raw materials and drugs according to the strictest standards.
Acts such as monopolies and price violations in the preparation field must be investigated and dealt with quickly and intensively
.
" In 2020, the State Municipal Supervision Bureau promulgated the "Guidelines for Anti-monopoly in the Field of APIs (Draft for Solicitation of Comments)".
According to the draft, law enforcement agencies may continue to consider each raw material As a separate product market assessing the market dominance of its operators, the pharmaceutical industry will cause excessive pricing, refusal to deal, exclusive distribution, and tying in the API industry to face greater abuse of market dominance.
The risk of illegal activities
.
In February 2021, China issued the "Action Plan for Building a High-Standard Market System", in which Article 9 states: "Strengthen and improve the enforcement of anti-monopoly and anti-unfair competition
.
Resolutely oppose monopoly and unfair competition
.
Formulate special fields such as APIs Anti-monopoly guidelines, guidelines for the application of exemption systems, and implementation of overseas anti-monopoly compliance guidelines for
enterprises.
Promote the improvement of legal standards in platform enterprise monopoly recognition, data collection and use management, consumer rights protection, etc.
Strengthen platform economy, sharing economy and other new formats Regulations on anti-monopoly and anti-unfair competition in the field
.
Improve the list system of corporate-related fees and severely investigate and punish violations of corporate fees
.
” In general, the pharmaceutical industry has entered an era of strong supervision.
The industry believes that the future of pharmaceutical anti-monopoly law enforcement will become Normality
.
Companies that are lucky enough to take risks and only seek immediate benefits will face a miserable situation.
In the future, only by regulating their operations can they go further
.
