National Development and Reform Commission identified three illegal GPOs and three rectifications by Shenzhen health and Family Planning Commission

Source: Yigu on April 8, 2017, the official website of the national development and Reform Commission published the article "Shenzhen health and Family Planning Commission committed to correct the abuse of administrative power to eliminate and restrict competition in the pilot drug group procurement reform of public hospitals" The national development and Reform Commission determined that Shenzhen health and Family Planning Commission had violated the anti monopoly law Previously, in August 2016, the Shenzhen health and Family Planning Commission issued the announcement on the selection results of Shenzhen public hospital drug group purchasing organization by Shenzhen health and Family Planning Commission, which determined Shenzhen quanyao.com Pharmaceutical Co., Ltd as the purchasing organization of Shenzhen public hospital drug group in the pilot period According to the requirements of Shenzhen public hospital drug group purchasing organization selection announcement (swjf [2016] No 70), GPO shall promise that during the pilot period, the total cost of drugs purchased by the group will be reduced by more than 30% compared with the total cost of drugs purchased by public hospitals of the same quantity on Guangdong Drug electronic trading platform in 2015 In the determination of three violations, the national development and Reform Commission believes that Shenzhen health and Family Planning Commission has three violations of the anti-monopoly law 1、 Only one group purchasing organization (selected as the all drug network pharmaceutical industry) is allowed to provide pharmaceutical group purchasing services The group purchasing organization is entrusted by the hospital to purchase the required drugs and provide group purchasing services All operators who meet the national qualifications and can provide group purchasing services for the hospital can equally enter the drug group purchasing market of Shenzhen public hospital In order to provide better and more efficient services, there is competition among purchasing organizations Through selection, Shenzhen health and Family Planning Commission determines a group procurement organization from qualified enterprises, which excludes other operators who have the ability and willingness to provide pharmaceutical group procurement services, resulting in only one operator in the Pharmaceutical Group procurement market of Shenzhen public hospitals, without competition 2、 Limit the use of services provided by the whole drug network pharmaceutical industry by public hospitals and pharmaceutical manufacturers in Shenzhen First, all public hospitals in Shenzhen can only go through the whole drug network pharmaceutical industry, and can not choose other qualified group purchasing organizations, or purchase on the provincial drug centralized purchasing platform Second, in disguised form, drug manufacturers can only sell drugs in the catalogue to public hospitals in Shenzhen through the full drug network pharmaceutical industry, not through the provincial drug centralized purchase platform, which undermines the normal competition order of the drug market 3、 The limited drug distribution enterprises shall be designated by the whole drug network pharmaceutical industry In violation of the provisions of the guiding opinions of the general office of the State Council on improving the centralized purchase of drugs in public hospitals (GBF [2015] No 7) on the independent selection and distribution of drug manufacturers The above practices of Shenzhen health and Family Planning Commission violate Article 8 of the antimonopoly law: "administrative organs and organizations authorized by laws and regulations to manage public affairs shall not abuse administrative power, exclude or restrict competition", and Article 32 "administrative organs shall not abuse administrative power, restrict or disguise the operation, purchase or use of designated operators of units or individuals" The provision of commodities "constitutes the abuse of administrative power to exclude and restrict competition Shenzhen health and Family Planning Commission promised three rectifications according to the content of the article After the investigation, Shenzhen health and Family Planning Commission realized that the above exclusion restricted fair competition in the purchasing market of Shenzhen public hospital drug group, which was inconsistent with the relevant provisions of the anti monopoly law, and said it would actively carry out the rectification Shenzhen health and Family Planning Commission proposed three specific measures: first, to ensure the autonomy of drug procurement in public hospitals Under the principle of centralized procurement, there is no mandatory requirement for drug procurement of public hospitals, and public hospitals are allowed to independently choose to entrust existing group procurement organizations (i.e all drug network pharmaceutical industry) or purchase on platforms of Guangdong Province Second, ensure the autonomy of drug distribution enterprises Revise and improve the relevant system of purchasing and distribution of drugs for public hospital drug groups, and restore the autonomy of drug manufacturers in selecting and determining distribution enterprises Third, ensure the autonomy of drug manufacturers Drug manufacturers are allowed to independently select existing group purchasing organizations or other purchasing platforms to sell drugs in the catalog to Shenzhen public hospitals In addition, Shenzhen health and Family Planning Commission promised to modify and improve relevant policy documents in the pilot period, so as to make them conform to the provisions of the anti monopoly law and the opinions on establishing a fair competition review system in the construction of market system (GF [2016] No 34), support qualified group procurement organizations to enter relevant markets, and promote the standardized and orderly development of drug group procurement mode At the end of the article, the national development and Reform Commission emphasized the relevant point of view that the practice of mature market economy countries has proved that the drug group procurement model can effectively reduce the price of drug procurement, save medical expenses and reduce the burden of patients, and fair competition between drug group procurement organizations is one of the key to achieve the above goals The national development and Reform Commission and Guangdong Provincial Development and Reform Commission will urge Shenzhen health and Family Planning Commission to implement the above measures in place.