Ten typical cases of antimonopoly law enforcement in 2018: chlorpheniramine and glacial acetic acid API

On May 10, according to the official website of the State Administration of market supervision, the national anti monopoly working conference of the market supervision system was held in Haikou, Hainan Province yesterday, at which ten typical cases of anti-monopoly law enforcement of the State Administration of market supervision in 2018 were released, including two cases involving the pharmaceutical field: the monopoly case of glacial acetic acid API and the monopoly case of Chlorphenamine API Monopoly case of glacial acetic acid API: involving three enterprises with fines of 12.83 million yuan in July 2018, the General Administration of market supervision received a report, reflecting that some operators of glacial acetic acid API jointly increased their prices, damaging the interests of downstream pharmaceutical manufacturers and patients After receiving the report, the General Administration of market supervision launched an anti-monopoly investigation The investigation found that from October 2017 to February 2018, Chengdu Huayi pharmaceutical excipients Manufacturing Co., Ltd., Sichuan Jinshan Pharmaceutical Co., Ltd and Guangdong Taishan Xinning Pharmaceutical Co., Ltd exchanged market conditions, output and sales information, and discussed the common price increase during the production and sales of glacial acetic acid APIs After many discussions, the three involved enterprises finally reached a monopoly agreement to jointly increase the sales price of glacial acetic acid API Starting from March 1, the sales price of glacial acetic acid API was increased from 7-9 yuan / kg to 28-33 yuan / kg, and sold to the outside according to this price The above-mentioned acts of the enterprises involved in the case violate the relevant provisions of the anti monopoly law of the people's Republic of China The General Administration of market supervision shall impose administrative penalties according to law, order the three enterprises to stop the illegal acts and confiscate the illegal income of 6.5822 million yuan The three enterprises shall be respectively fined 4% of the sales of the previous year, totaling 6.516 million yuan Three enterprises involved in the case were fined and confiscated totaling 12.8338 million yuan According to the State Administration of market supervision, this case is the first major ticket in the field of APIs since the implementation of the anti monopoly law, which is a powerful deterrent to monopoly in the field of APIs Monopoly case of chlorpheniramine API: involving the fine of 12.43 million by two enterprises in June 2018, the media reported that the price of chlorpheniramine API rose rapidly in a short period of time, resulting in the production suspension of some drugs, causing widespread concern In July 2018, the General Administration of market supervision filed a case investigation on relevant chlorpheniramine API enterprises It is found that Henan Jiushi Pharmaceutical Co., Ltd is the largest manufacturer of chlorpheniramine API in China, and Hunan Erkang pharmaceutical operation Co., Ltd has obtained the only import agent qualification of chlorpheniramine API since 2018 Through research and demonstration, Hunan Erkang and Henan Jiushi have dominant market position in the market of chlorpheniramine API Since February 2018, under the leadership of Hunan Erkang, the two enterprises involved in the case have been closely linked and cooperated with each other, and have carried out the abuse of market dominant position, including: selling chlorphenamine APIs to downstream operators at an unfair high price; tying related pharmaceutical accessories when selling chlorphenamine APIs to downstream operators; refusing to supply chlorphenamine raw materials to downstream operators on the basis of "no goods" Drugs, or proposed to pay a high margin, buy back the drug for unified sale, increase the price of the drug and share it into other conditions unacceptable to downstream operators, and refused to supply chlorpheniramine API in disguised form The enterprise involved in the case violates the relevant provisions of the anti monopoly law The General Administration of Market Supervision recently issued an administrative penalty, ordering two enterprises involved in the case to stop the illegal act; confiscating the illegal income of 2.3947 million yuan to Erkang, Hunan Province, and imposing a fine of 8% of the sales of the previous year of 8.4794 million yuan; and imposing a fine of 1.5573 million yuan to Jiushi, Henan Province, for 4% of the sales of the previous year A total of 12.4314 million yuan was confiscated to the two enterprises involved in the case Information source: Official Website of State Administration of market supervision