Legal Regulation Of Unfair Competition In Drug Market

The drug is the merchandise that people need to cure the disease and care their health. Our government must take the necessary measure to govern and intervention the drug market because of its particularity: on the one hand, we must develop the drug industry, satisfy the need of people and insure their safety;on the other hand, we must establish a complete, efficient, scientific and reasonable law system to manage the drug market at the foundation of the whole social benefit, the adjustment of the market structure and the stability of the economic order. However, the drug market has a lot of problems because of many reasons. First, the circulation of drugs has plenty of obstacles. Second, the laws of drugs production and sale are unsound. Finally, the failure of the government is another important cause. For the plenty of profits, there are lots of unfair competitions in drug market. The out-of-order competitions injure the benefits of the consumer and bring the tremendous threat to the citizen's health and the life.What's more, in accordance with the target of the whole economic system reform, the development and system reform of the drug industry also must match basic target of the market system reform. Since the economic system reform, the market mechanism has played a very important part and the competition has already become main means thatpushes the development of drug industry. Because of the economic system reform, the complete competition in drug market will become inevitable trend. Although the reform begins early, the drug market is always hard to build up the valid competition mechanism. Therefore, it is very imperative to decrease or exterminate the unfair competition in order to construct a good environment for the steady development of the drug industry.The article is divided into four parts as follows:The first part analyzes the conception, character of the drug market. It focuses on the unfair competition in market and the failure of the government.The second part makes study of the theory foundation of establishing and improving the legal regulation on how to decrease and exterminate the unfair competition.The third part is about the comparative research of the regulation on the drug market in developed countries, America, EU, Japan and so on. Basis experiences are concluded on the basis of the comparative research.The fourth part is about the imagination of the perfection of the legal system on counter-unfair competition in drug market, including the regulation of market access, the regulation of market monopoly, the regulation of market competition, and so on.