Research On The Legal Regulation Of Monopoly Agreement In Pharmaceutical Industry

At present,there are serious monopolistic behaviors in China's pharmaceutical industry,especially in the API industry.Monopoly agreement is a relatively common monopoly behavior,which occurs frequently in the pharmaceutical industry.The importance of the pharmaceutical industry to our country is self-evident.It is not only an important part of the national economy,but also an important guarantee of national health,which is related to the livelihood of the people.At present,China is carrying out system reform in the pharmaceutical industry.With the implementation of GPO drug purchase mode and "two vote system",as well as the cancellation of government guided pricing,the degree of marketization of the pharmaceutical industry in China has deepened,which also provides a natural hotbed for the occurrence of monopoly agreements.Theoretically,China's anti-monopoly law is applicable to all industries,but in the application of specific industries,we should also pay attention to the particularity of the industry itself,while the particularity of the pharmaceutical industry is more prominent and obvious.For the anti-monopoly of the pharmaceutical industry,we should not only effectively crack down on monopoly behavior,but also pay attention to the protection and incentive of the pharmaceutical industry.How to balance the relationship between the two is worth studying.On the basis of defining the meaning and characteristics of the pharmaceutical industry,combined with the current two policies adopted by the pharmaceutical industry for high drug prices,namely,two vote system and GPO drug purchase mode,this paper analyzes the main reasons for the formation of monopoly agreements in the pharmaceutical industry in China.Combing the cases related to monopoly agreements in the pharmaceutical industry disclosed by the anti-monopoly law enforcement agencies,sorting out the types of horizontal monopoly agreements and vertical monopoly agreements in the pharmaceutical industry,and combing out the characteristics of monopoly agreements in the pharmaceutical industry in combination with the new monopoly agreements emerging in the foreign pharmaceutical industry,in order to study the Anti-monopoly Regulation Countermeasures of monopoly agreements in the pharmaceutical industry.