Research On Antimonopoly Regulation Of Unfair High Price Behavior In Drug Industry

The inflated drug price has always been a social phenomenon in China.The high degree of social attention and the strong reaction of the people are often considered to be caused by the medical system of "medicine and doctor".The factors that cause unfair high prices of drugs are not known to be varied.Simply relying on the strengthening of professional ethics education of doctors and punishing commercial bribery can not promote the reduction of drug prices.The drug industry has various forms of ultra-high pricing,and the reasons are complex.Therefore,it is necessary to first clarify the connotation and nature of ultra-high pricing,and secondly to summarize the various forms of ultra-high pricing of drugs.The signing of monopoly agreements between drug companies to establish ultra-high prices is an important expression.The abuse of overpricing on the market dominance of APIs by drug companies is a form that can not be ignored.The use of reverse payment agreements by drug companies to maintain overpricing and the use of monopoly positions formed by drug patents are also two other important forms of overpricing.For the drug industry's ultra-high pricing behavior,our anti-monopoly law and related regulations only give the principle provisions,the drug industry's control law is also relatively vague,the drug industry still lacks a special anti-monopoly enforcement guide.At present,there is no effective method to determine the super-high pricing of the drug industry.Due to the dependence of patients on a certain type of drug,there is controversy over whether the drug that treats the same disease belongs to the same product market,which brings difficulties to the determination of the relevant market.The complexity of the drug industry's ultra-high pricing behavior and the hidden cost in the process of drug development make several identification methods have various disadvantages in practice.Remedies for the ultra-high pricing behavior of the pharmaceutical industry and antitrust enforcement are also facing difficulties.At present,there are two kinds of regulatory attitudes to the ultra-high pricing of the drug industry in the world.One is the "laissez-faire attitude" represented by the United States.It is believed that it may undermine the original price laws of the drug industry and discourage drug companies from innovating.The other is the "Prudential regulatory attitude" represented by the European Union,which believes that regulation is conducive to protecting consumer interests and maintaining the order of market competition.No matter what kind of regulatory attitude a country chooses,it is related to its own national conditions and the overall interests of the society.In general,the benefits of regulating the ultra-high pricing behavior of the drug industry are greater than those of non-regulation,but regulation is faced with differences in drugs,so regulations must be different from drug to drug.The typical cases of overpricing in the drug industry abroad,the Huirui case and the Nappa case,conducted an in-depth analysis of the basic facts and the focus of controversy in the two cases.The Suofeibuweipian incident represents an attitude of anti-monopoly regulation of the ultra-high pricing of patented drugs.Through the interpretation of two kinds of regulatory attitudes and case analysis,from the choice of regulatory attitudes and ideas,the determination of drug super-high pricing methods and antitrust enforcement three aspects of reference.The anti-monopoly laws and regulations on the ultra-high pricing behavior of the pharmaceutical industry can be improved from the previous,the middle and the subsequent three paths.In terms of improving the way ahead,it is of the utmost importance to formulate an anti-monopoly law enforcement guide for the drug industry with ultra-high pricing,and it is a long-term initiative to strengthen the pre-supervision and compliance of the drug market.This is because the competition culture needs to be nurtured.The current conditions in our country have not been met.For the use of reverse payment agreement to maintain drug super-pricing behavior should be explicitly included in the anti-monopoly law and anti-monopoly enforcement guidelines to regulate the scope.The monopoly price of drug patent right can improve the mechanism of drug price negotiation to reduce the price of high-end drugs.In the matter of improving the path,the EU experience to maintain a prudent regulatory attitude to the drug industry's ultra-high pricing behavior,meet certain conditions to regulate,which is conducive to the coordination of public interests,pharmaceutical enterprise interests and consumer interests.To optimize the identification method of ultra-high pricing in the pharmaceutical industry,several methods can be applied comprehensively because of their shortcomings.We will improve the identification of the market for ultra-high pricing behaviors in the pharmaceutical industry,increase the anti-monopoly penalties imposed on ultra-high pricing pharmaceutical companies,and increase the deterrent power of anti-monopoly enforcement.On the path of perfection after the fact,it is undoubtedly a choice to save the judicial cost to apply the operator's commitment system to the case of super-high pricing of drugs that lacks evidence.The proper use of structural relief,drug prices can also bring a lot of pressure.Some suggestions are given on the conflict of anti-monopoly law enforcement between anti-monopoly law enforcement agencies and the cooperation between anti-monopoly law enforcement agencies and drug industry control departments.Finally,it is necessary to establish a tracking mechanism for the anti-monopoly enforcement of ultra-high pricing behavior in the pharmaceutical industry to prevent drug companies from implementing ultra-high pricing behavior again.