Anti-monopoly Research On Product Hopping Behavior Of Pharmaceutical Companies

The product conversion behavior of drug companies is a monopoly strategy adopted by the original research drug companies to cope with the competition of generic drugs.China’s "Anti-Monopoly Law" was implemented relatively late.In general,the regulations in various aspects are still incomplete.The anti-monopoly cause of the pharmaceutical industry started later and lacked anti-monopoly law enforcement experience.The Monopoly Law regulates even less.At present,there are relatively few studies on the legal regulation of pharmaceutical companies in China’s academia.The existing studies mainly involve falsely high drug prices,counterfeit and inferior drugs,etc.;and antitrust law research on monopoly behaviors that exclude and restrict competition in pharmaceutical companies.There are relatively few,of which there are fewer studies on antitrust laws and regulations on drug product conversion behavior of pharmaceutical companies.From the perspective of antitrust law research,the research on antitrust issues of drug companies’ product conversion behavior,and put forward specific suggestions on antitrust law,which is beneficial to the development of antitrust research.This article is divided into four parts on the antitrust research of drug companies’ product conversion behavior.The first part is an analysis of the theoretical basis of product conversion behavior of pharmaceutical companies,that is,an overview of the product conversion behavior of pharmaceutical companies.Defined the concept and characteristics of the product conversion behavior of pharmaceutical companies,introduced the industry background and legal background of the product conversion behavior of pharmaceutical companies,and the legal regulations on the product conversion behavior of pharmaceutical companies,mainly from the limitations of the patent law on the regulation of product conversion behavior And anti-monopoly law to analyze the need for regulation of product conversion behavior of pharmaceutical companies.The second part studies the necessity of anti-monopoly in the product conversion behavior of Chinese pharmaceutical companies.Analyze the dangers of product conversion behavior of drug companies:leading to excessive drug prices,infringing on consumers’ legitimate rights and interests,hindering drug company competition,restricting drug technology innovation,due to the necessity of regulating the drug product conversion behavior of drug companies;introduction The status quo and problems of the product conversion behavior of Chinese pharmaceutical companies,mainly related to the provisions of relevant Chinese laws,antitrust laws,patent laws,and drug industry regulations conflict antitrust,and the supporting legal system is not complete;reflecting the regulation of product conversion behavior of Chinese pharmaceutical companies Law enforcement issues and actual needs:The current situation of China’s generic drug industry and the patent rights of a large number of foreign original drugs are about to expire,as well as the development trend of China’s pharmaceutical companies’ product conversion behavior.The third part is the anti-monopoly investigation and reference to the product conversion behavior of foreign drug companies.Judicial Practices in the US for Drug Product Conversion Behavior:Analysis of the Relevant US Laws and Its Typical Judicial Cases,EU Judicial Practices for the Product Conversion Behavior in Drug Enterprises:The EU Relevant Laws and the Analysis of Its Typical Judicial Cases References of enterprise product conversion behavior:clarify the basic principles of antitrust judgment of product conversion behavior,attach importance to the timing of product conversion behavior of pharmaceutical companies,protect consumer interests as a value measure for antitrust regulations,and consider the obstacles to generic drugs.The fourth part is the perfect suggestions for the product conversion behavior of Chinese pharmaceutical companies.In view of the deficiencies in China’s"Anti-Monopoly Law" regarding the anti-monopoly regulation of drug companies’product conversion behavior,legislation and law enforcement should be improved.Suggestions for constructing anti-monopoly legislation for the product conversion of pharmaceutical companies in China:Clearly incorporate the product conversion of pharmaceutical companies into the "Anti-Monopoly Law" and coordinate the relationship between the anti-monopoly law,patent law,and the pharmaceutical industry law.Improving anti-monopoly law enforcement suggestions for drug product conversion in China:Improving the anti-monopoly law enforcement agencies’ professional enforcement of drug product conversion behavior,determining the basic principles of anti-monopoly judgments for product conversion behavior,improving the exemption standards for drug product conversion behavior,Improve the legal liability investigation system for drug companies’ product conversion behavior.The conclusion is a summary of the antitrust research on the product conversion behavior of pharmaceutical companies,pointing out the necessary measures to strengthen the study of antitrust law,and improving the suggestions for antitrust law on the regulation of product conversion behavior of pharmaceutical companies,thereby improving the product conversion of pharmaceutical companies legal capacity of conduct.