Research On The Legal Regulation Of Horizontal Monopoly In Drug Pricing

Drugs are closely related to human life and health.Countries pay more and more attention to drug pricing.Since China opened drug pricing in 2015,the development of drug market has been very fast.However,the problem of horizontal monopoly of drug pricing has emerged behind marketization.With the continuous opening of the market,due to the special attributes of drugs,the patent protection of the drug industry,the lack of supervision caused by the marketization and the complexity of circulation,many types of monopoly problems appear,among which horizontal monopoly behavior as one of the typical problems appears frequently in practice.In order to gain more benefits,drug companies unite to raise drug prices,crowd out competitors,and control the bidding process.The monopoly benefits they get are actually "exploited" from consumers.This behavior excludes and limits the normal competition in the drug market,disturbs the order of the market economy,and makes the medical service security system full of holes.This paper will mainly analyze the horizontal monopoly problems existing in the drug market,and discuss how to regulate them.It is mainly described in the following chapters.The first chapter is an overview.First of all,the formation mechanism and main process of drug pricing are introduced,and the causes of horizontal monopoly in this field are obtained.At the same time,it defines the horizontal monopoly of drug pricing in the form of case analysis,so as to analyze the necessity and particularity of legal regulation on this issue.The second chapter discusses the manifestation of horizontal monopoly of drug pricing through cases.At present,there are various forms of horizontal monopoly of drug pricing,which are no longer limited to the traditional forms stipulated in the anti-monopoly law,including the old fixing or raising prices,market segmentation and resistance to competitors,as well as the new reverse payment agreement and collusion bidding.At present,the regulations in our country are not enough to regulate these problems.There are conflicts between laws and are still gaps in the regulation.Besides,the legal responsibility and law enforcement system are not perfect,and the perfection of the law is imminent.In the third chapter,in view of the legal issues raised above,the corresponding legal improvement opinions are proposed.In this chapter,by studying the advanced experience of foreign countries and combining with the specific situation of our country,we can get the suggestion that we should first establish the special guide of anti-monopoly,and assist withthe coordination mechanism among the relevant laws,then determine the priority application status of the anti-monopoly law,and fill in the regulatory gap,so that the law can play a better role.Finally,we should improve the supporting administrative regulations and law enforcement system,so as to make the drug pricing more standardized and reasonable,and maintain the good operation of the drug market.