On The Anti-monopoly Law Regulation Of Medical Monopoly Behavior In China

With the development of globalization, the competition of medical industry isincreasingly fierce，which is important for national interests. How to maintain the ordersof competition will become the main task to the anti-monopoly of medical industry. Themonopoly behaviors of medical business have produced in certain social backgrounds,which have the different form from other monopoly behavior characteristics. In theperspective of Anti-monopoly Law, the form of medical monopoly behavior is various.In the present legal system, the regulations of anti-monopoly law in China for medicalmonopoly behavior need to be improved according to the characteristics of the medicalmarket.Firstly, the paper begins with the significance of the topics and the research statusof overseas and domestic as well as the content and basic ideas of the research and so on.It introduces the basic theory of medical monopoly behavior and analysis Chinesemedical monopoly behavior under the guidance of competition theory.Secondly, the paper analysis the forms and characteristics of Chinese monopolybehavior in medical industry. Medical market is different from others, the emergenceand development of it shows different characteristics along with the development ofeconomic policy, the industrial policy and the laws and so on. The subject of medicalmonopoly behavior is diverse and the concentration of medical market is low, at thesame time, merger and acquisition between enterprises become a development trend andpublic medical institution abuse of dominant market position is serious. Medicalmonopoly behaviors display in the monopoly behavior in medical production andcirculation industry, and public medical institution abuse its double monopoly dominantbehavior in medical service industry as well as the administrative monopoly in medicalindustry.Thirdly, the paper analysis the determination of our country medical monopolybehavior and the necessity of antitrust law regulation. The identification of medicalmonopoly behavior needs guidance of the theory about structuralism and behaviorism todefine the double monopoly ascendancy of public medical institution. It studies therelevant market and disposable capacity in the medical industry. The identity takessubstantive review on the concentration of medical operators. Then, it affirmsadministrative monopoly by the subject and behavioral pattern. Medical monopoly behavior damages the development of economic and the competitive environment of themarket, so it is necessary for Chinese Anti-monopoly law to regulate it.Finally, the paper gives proposal to perfect the regulation of Chinese medicalmonopoly by Anti-monopoly Law. From the situation of medical monopoly behavior,the supporting laws and regulations of Chinese Anti-monopoly Law are defective andthe industrial policies are not coordinate with the Anti-monopoly Law. According to theimplementation perspective, the strength of law enforcement is not enough. So countriescannot supervise and control the development of medical industry effectively. In view ofthe inadequate regulation of anti-monopoly law on the medical monopoly behavior, interms of legislation and law enforcement should be improved. Mainly there are the tasksof some respects in protecting the competition in the anti-monopoly law: control andmonopolize the agreement, forbid abusing the market status and control enterprises toamalgamate.Research on the antitrust law regulation of Chinese medical monopoly behavior,which is beneficial to improve the antitrust law of the specific theory, to put forwardimprovement suggestions for the application of anti-monopoly law in the medicalindustry, to perfect the legal system of Chinese anti-monopoly law, to strengthen themedical industry antitrust behavior of supervision and regulation, and which has certaintheoretical and practical significance on improving the regulation of law in medicalmarket.