The Legal Regulation Of Monopolistic Behavior In China's Pharmaceutical Industry

With the development of China's market economy,the marketization degree of China's pharmaceutical industry is deepening.There are serious monopolistic behaviors in the pharmaceutical industry,and the manifestations of monopolistic behaviors are diverse.Pharmaceutical industry has particularity,is the relationship between important industry of national economy and people's livelihood,maintaining good medical industry competition in order to make the development of pharmaceutical industry health,therefore how to regulate the monopoly behavior of the pharmaceutical industry,pharmaceutical industry the normal competition order,protect the interests of consumers,become an important task of China's pharmaceutical industry antitrust.By analyzing the status quo,problems and relevant laws and regulations of the pharmaceutical industry monopoly,this paper puts forward some Suggestions for the anti-monopoly law system in China's pharmaceutical industry.This paper is divided into the following five parts.The first part: from the background of the topic selection,the significance of the topic,the domestic and foreign research status,the research ideas and methods,and so on,and analyzed the innovation and shortcomings of this paper.The second part: the analysis of the pharmaceutical industry monopoly related definition of antitrust and pharmaceutical industry theory,including the theoretical foundation of the competition theory and applicable,and the pharmaceutical industry in our country are analyzed in detail the necessity of antitrust regulation.The third part: the application of the American pharmaceutical industry to antitrust law and the measures taken to deal with the monopolistic behaviors in the pharmaceutical industry.America's antitrust laws have gone through a process that never applies to the pharmaceutical industry.The American antitrust legal system has detailed regulations on the abuse of market dominance of medical institutions,which has led to the direct identification and regulation of the monopolistic behaviors caused by the merger of hospitals in the United States.Take the form of strengthening third party liability against powerful medical institutions.Medicine separation,in the pharmaceutical industry shall set up online pharmacies,online pharmacies supervision jointly by federal agencies,state and industry organizations,to a large extent can alleviate the monopoly of the pharmaceutical industry.The fourth part analyzes the specific manifestation of the monopolistic behavior of China's pharmaceutical industry and the predicament of the anti-drug industry monopoly.There are many kinds of monopolistic behaviors in China's pharmaceutical industry,and monopolistic behaviors exist in the pharmaceutical production and circulation industry and medical service industry.But at present,China's anti-drug industry monopoly has a dilemma,which is manifested in different degrees in legislation,law enforcement and other aspects.The fifth part: put forward the perfect suggestion of the monopolistic behavior of Chinese medicine industry.It is clear from legislation that the pharmaceutical industry should be regulated by anti-monopoly law.The existing anti-monopoly law enforcement agencies in our country cannot regulate the administrative monopoly of the pharmaceutical industry very well,so it is recommended to establish a unified anti-monopoly law enforcement agency and grant the administrative monopoly.To establish a multi-fold compensation system to increase penalties and deterrent for offenders.We will improve the law on drug tendering and procurement,and formulate a complete system of centralized bidding and procurement for medicines.Increase the support for private hospitals from the law.We will strengthen the supervision of antimonopoly,effectively carry out the implementation of "pharmaceutical distributors",and better regulate the monopoly behaviors in the pharmaceutical industry.