Anti unfair competition law enforcement and medical field will become the key!
On September 26, according to media reports, from now on, until the end of this year, the relevant state departments to carry out key areas across the country against unfair competition law enforcement action, a batch of typical investigation, seriously affect the competition order, infringes upon the lawful rights and interests of operators consumer cases of unfair competition.
Here of key areas including the undoubtedly has been closely watched the pharmaceutical industry.
The ACTS of unfair competition of the pharmaceutical industry mainly includes which aspects, to carry out the law enforcement action will cause which affect to hospitals, doctors, should be a issue for the industry.
What are the ACTS of unfair competition the pharmaceutical industry?
There are mainly three types, one is monopoly.
Monopoly as a kind of economic phenomenon appeared in the capitalist society, is the opposite of competition, the inevitable result of the competition and development.
Monopoly means standing in the highlands to the market manipulation of trade, then refers to control and monopolize.
A monopoly there are three main reasons: (1) natural monopoly: the cost of production to make a producer more efficient than a large number of producers, this is the most common form of monopoly.
(2) resource monopoly: key resources owned by a company.
(3) administration monopoly, the government to give a company the exclusive right to produce a product or service, also known as a monopoly.
In the pharmaceutical industry, monopoly has long been regarded as one of the important driving force of high drug prices, not only badly hinders the smooth and orderly development of the pharmaceutical industry, more influence the common people to medical service satisfaction and happiness of life.
API's monopoly, for example, lead to bizarre jump in drug prices, many ordinary foreclosures because market;
Medical equipment monopoly, appear artificially high prices, corruption and wit;
In the drug centralized bid procurement, some local government departments abuse administrative power ruled out restrict competition, lead to drug prices artificially high, shortage of supply, etc.
Second, the commercial bribery.
In the field of pharmaceutical sales, commercial bribery is a serious social problem, almost throughout all aspects of procurement, distribution, use medicine.
'Anti-unfair competition law of the People's Republic of China' requirement, the operator in the production and business operation activities, voluntariness, equality, fairness and good faith principle, abide by the law and business ethics.
The operator, is refers to is engaged in the production and management of goods or provide services (
Goods mentioned below include services)
The natural person, legal person or organization.
The law regulation, an operator shall not bribery by using money, valuables or other means trade each other's staff, deal with relevant affairs entrusted by trade each other units or individuals, the use of authority or influence affect trading unit or individual that, in order to extract trading opportunities or competitive advantage.
In trading activity, an operator can express way to make a discount to trade each other, or pay commission to the middlemen.
But the payer and the receiver shall truthfully enter an item in an account, or are considered to be bribery.
This provision with the criminal law amendment (
Bribery, bribery regulations.
3 it is false advertising.
In terms of against unfair competition, the focus of the false advertising in health care products market, social do medical and pharmaceutical advertising.
Among them the damage is very big.
The focus of the anti unfair competition in medical industry, and may be the effects on the hospital, the doctor in view of the above three aspects, the focus of the anti unfair competition in medical industry should also be in three aspects.
It is antitrust, the emphasis is on strike API monopoly, monopoly and medical apparatus and instruments, the drug centralized bid procurement is not legal rules, through the special law enforcement actions, to further promote the formation and improve the environment of fair competition, promote medicine, equipment trade fair and orderly, the price is reasonable.
Second is to further curb commercial bribery phenomenon in the field of medicine purchase and sale, control the unreasonable rise in medical costs, promote the rational drug use of medical institutions, the reasonable diagnosis and treatment, reasonable charge, effectively ease the burden of medical costs and the pressure on the medical insurance fund pays, to set up the system of compensation in accordance with the health care industry characteristics for a good environment.
3 it is to crack down on false medical treatment, medicine, health care products advertising, medical market to a crisp, clean environment, also help do the healthy and standardizing development of the medical society, accelerate the return to public hospital, the doctor returning back to see the doctor, medicine cure.