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    Home > Medical News > Latest Medical News > Monopoly hemolysis raw materials were fined 4 million yuan, special one pharmaceutical industry fixed increase "pass"

    Monopoly hemolysis raw materials were fined 4 million yuan, special one pharmaceutical industry fixed increase "pass"

    • Last Update: 2021-01-10
    • Source: Internet
    • Author: User
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    On November 10, Ty i Pharmaceuticals said that according to the results of the meeting, the company's application for the non-public issuance of A-shares was approved.
    , the company has not yet received written approval documents from the CSRC.
    China Business Daily reporter noted that in 2018, a subsidiary of SpecialTy Pharmaceuticals, Guangdong Taishan Xinning Pharmaceutical Co., Ltd. ("Xinning Pharmaceuticals"), was involved in a monopoly case of raw materials, and was subject to administrative penalties and a fine of 4.1243 million yuan.
    Reporters found that in the matter of the increase, the above-mentioned administrative penalties were mentioned by the CSRC, and asked the company to explain whether it is in accordance with article 39 of the Measures for the Administration of securities issuance of listed companies, listed companies in the presence of serious harm to the legitimate rights and interests of investors and the public interest of other circumstances, may not be directed to issue additional shares.
    to this response, Xinning Pharmaceuticals this penalty amount of 4% of sales, not within the "higher penalty range", the above-mentioned behavior is not seriously detrimental to the legitimate rights and interests of investors and the public interest.
    the above-mentioned penalties of Xinning Pharmaceuticals related issues and the company's production and operation, the reporter to the special one pharmaceutical industry to call a letter.
    On the afternoon of November 10, special one pharmaceutical securities department staff said that Xinning Pharmaceutical's performance is more stable, the State Administration of Market Supervision and Administration clearly recognized Xinning Pharmaceutical "actively carry out rectification", rectification measures have been recognized by the competent departments, Xinning Pharmaceutical has been operating normally.
    company and its subsidiaries have not been subject to relevant administrative penalties in their operations to date.
    penalties in the case of the monopoly of raw materials were paid attention to in 2018, the official website of the State Administration of Market Supervision and Administration disclosed the behavior of three enterprises, such as Xinning Pharmaceuticals, who jointly increased their prices to monopolize the raw materials of ice acetic acid.
    October 2017 to February 2018, Xinning Pharmaceuticals, Chengdu Huayi Pharmaceutical Accessories Manufacturing Co., Ltd., Sichuan Jinshan Pharmaceutical Co., Ltd., three enterprises involved in the production and sale of ice acetic acid raw materials, finally reached a joint agreement to improve ice The monopoly agreement on the sale price of acetate RAW drugs, from March 1, raised the sales price of ACS from 7 to 9 yuan/kg to 28-33 yuan/kg, and sold at this price, seriously undermining the market competition order.
    The above-mentioned acts of the enterprises involved violated the relevant provisions of the Antimonopoly Law of the People's Republic of China, and the State Administration of Market Supervision and Administration recently issued administrative penalties in accordance with the law, ordering the three enterprises to stop the illegal acts;
    fined the three enterprises involved in the case a total of 12.8338 million yuan.
    , Xinning Pharmaceuticals received the Administrative Penalty Decision issued by the State Administration of Market Supervision and Administration on December 5, 2018, and confiscated the illegal proceeds and fined a total of RMB4.1243 million.
    xinning pharmaceutical company's ice acetic acid API sales in 2017 were 6.5187 million yuan, accounting for 0.95 percent of the company's sales, according to a specialty pharmaceutical company announcement.
    It is worth noting that, in the recent process of promoting the fixed increase of the specialty pharmaceutical industry, the CSRC requested the special one pharmaceutical industry to further disclose the specific circumstances of the administrative penalties of Xinning Pharmaceuticals, whether the rectification has been completed, and whether it is in accordance with the provisions of Article 39 of the Measures for the Administration of securities issuance of listed companies.
    reporter's inquiry found that article 39, paragraph 7, of the Measures for the Administration of Securities Issues of Listed Companies shows that if there are "other circumstances that seriously harm the legitimate rights and interests of investors and the public interest", the listed company shall not be directed to issue additional shares.
    , is mainly used in the production of hemodialysis concentrates for the treatment of advanced kidney failure, uremia and other diseases.
    as one of only three enterprises producing ice acetic acid raw materials, does Xinning Pharmaceuticals touch the red line that destroys market competition and seriously harms the public interest? In this regard, special medicine industry in the announcement pointed out that the above-mentioned acts do not seriously harm the legitimate rights and interests of investors and the public interest of the situation.
    The reasons for this are as follows, Xinning Pharmaceutical's penalty penalty amount is 4% of sales, not within the scope of "higher penalty range", does not belong to the anti-monopoly law, "a fine of more than 1 percent of the previous year's sales" ratio of the higher 30% of this range, does not belong to the State Administration for Industry and Commerce on the correct exercise of administrative penalty discretion of the guidance of the administrative organs for industry and commerce.
    , Xinning Pharmaceuticals has carried out timely rectification, has stopped illegal activities, and has handed over illegal income and the corresponding payment of fines, the relevant penalties have been implemented.
    the degree of harm caused by monopoly behavior is deep, however, according to the information previously reported on the official website of the State Administration of Market Supervision and Administration, the monopoly behavior of the three enterprises is serious in nature and harmful to a deeper extent.
    is to seriously exclude and restrict market competition.
    as the only three ice acetic acid production enterprises in the market, after reaching and implementing monopoly agreement, unified the price of ice acetic acid raw materials, seriously damaged the market competition order.
    is to increase the burden of downstream pharmaceutical companies.
    ice acetic acid is the main raw material of hemodialysis concentrate, and the sharp increase in price directly increases the downstream production cost and increases the cost burden of downstream pharmaceutical companies.
    is to endanger the normal treatment of dialysis patients.
    high prices of ice acetic acid raw materials, leading to downstream pharmaceutical companies to reduce production, stop production of hemodialysis concentrate, endangering the normal treatment of hemodialysis patients.
    Xu Feng, chief partner of Shanghai Kucheng Law Firm, spoke of his views on this point, defining whether enterprises touch the basis of serious harm to the public interest is still more abstract, can only refer to illegal income, the amount of administrative penalty fines, whether suspected of crimes and so on.
    To the extent of affecting the public interest, usually the amount of fines of several hundred thousand yuan or less can be interpreted as not significant, if the amount reaches several million yuan or more, if the enterprise is interpreted as not significant degree, may have to be issued by the market regulatory authorities relevant certificates.
    in this case, the fines involved in the enterprise are not low, but whether it constitutes a serious harm to the public interest, but also need to be judged in the light of the actual situation of the industry.
    , a lawyer at Beijing Jing shi Law Firm, believes that the information reported from the regulatory authorities can reflect the consequences of the monopoly of the three enterprises on society.
    As one of the few pharmaceutical raw materials manufacturers on the market, it has a certain degree of monopoly, on this basis also signed a monopoly agreement with other manufacturers, not only for upstream and downstream operators of the cost of infringement, but also increase the burden of patients, and thus affect China's medical industry.
    point of view, the behavior of enterprises constitutes a greater harmful consequences, to the industry has brought a negative chain reaction.
    , can the size of the fine be used to determine the extent to which it constitutes a serious harm to society referred to in securities law? In Xiong Chao's view, in fact, there is incoherence between the two laws of our country.
    the consequences of punishment caused by the monopoly behavior of enterprises are not judged on the basis of endangering the public interest.
    therefore, the degree of social harm stipulated in Article 39 of the Measures for the Administration of the Issue of Securities of Listed Companies, in this case, the amount of punishment cannot be used as an absolute criterion for analyzing whether the actions of enterprises constitute serious harm to the public interest.
    the progress of the previous refinancing project is slow In fact, it is not the first time that The Special Pharmaceuticals has pushed ahead with the increase.
    investors on the public platform said that the drug industry has twice failed to raise funds, and thus turned to the issue of convertible bonds to raise funds, so there are concerns about the company's capital constraints.
    Special Pharmaceuticals on the issue of fixed increase response, the first two fixed increase because the company comprehensive consideration of various factors did not finally implement, that is, the company has not implemented a fixed increase project since the listing;
    , however, the progress of the project of debt issuance investment in the special medicine industry was slow and did not reach the expected state of use.
    Pharmaceuticals 2020 Semi-Annual Report shows that the "Xinning Pharmaceutical GMP Renovation and Expansion Project" was originally expected to be completed on June 30, 2020, but the actual investment progress is 38.80 percent, The civil works were basically completed, which could not be completed as expected due to the expected progress of the clean-up and installation works and delays in the supply of some equipment, and is expected to be completed on 31 December 2020, based on the progress of the current project and the testing and acceptance after completion.
    "Pharmaceutical Warehouse Logistics Center and Information System Construction Project" was originally expected to be completed on June 30, 2020, but as of June 30, 2020, the investment progress was 30.87 percent.
    Civil works have not been fully completed, at the same time, due to the "drug storage logistics center and information system construction project" part of the construction project implementation site changed to Taishan City Water Step Town Revitalization Road 21, the parcel involves the overall planning and design, resulting in further extension of the information system construction project, is expected to be completed on June 30, 2022.
    For xinning pharmaceutical GMP reform and expansion project progress, Special One Pharmaceuticals told reporters that, in view of the domestic new crown epidemic control situation is good, the new crown pneumonia epidemic prevention and control has become normal, the project is now progressing smoothly.
    Addition, specialty pharmaceutical company's operating income in the third quarter of 2020 was RMB133 million, a decrease of 36.19 percent from a year earlier, and net profit attributable to shareholders of listed companies was RMB1.381 million, a decrease of 96.78 percent from a year earlier.
    about the measures to boost performance, Special Pharmaceuticals told reporters that as the epidemic prevention and control tend to normalize, the company's product end-sales situation is gradually improving.
    stage, the company began to gradually increase OTC product marketing and terminal promotion, increase marketing channels, while gradually increasing brand publicity efforts, and strive to minimize the impact of the epidemic on the company.
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