The local government was investigated for monopolizing the purchasing power of consumables and pharmaceutical equipment distribution!

Medical News, March 5, on March 1, the Anti-Monopoly Bureau of the State Administration for Market Regulation issued a notice announcement, "Fujian Market Supervision Bureau rectifies the abuse of administrative power by the People’s Government of Gutian County to exclude and restrict competition" (hereinafter referred to as "announcement").

 

The People's Government of Gutian County, Ningde City, Fujian Province was investigated by the Fujian Provincial Market Supervision and Administration Bureau for alleged abuse of administrative power to exclude and restrict competition.

 

Restrict the right to purchase and distribute medicines and equipment

 

One local government was investigated

 

According to the announcement: On September 29, 2019, the People’s Government of Gutian County passed the "Notice of the People’s Government of Gutian County on Printing and Distributing Six Measures to Promote the Development of Biological and New Pharmaceutical Industries" at the 17th Executive Meeting (Guzheng [Guzheng [Guzheng] 2019] No.
25, hereinafter referred to as the "Six Measures"), on October 16, 2019, the "Six Measures" was issued to the township (town) people's governments, sub-district offices, and relevant units directly under the county.

 

1.
"Actively support the county’s drugs and medical devices to be listed on the provincial drug equipment procurement platform in a timely manner in accordance with relevant regulations.
After the county’s drugs are listed in the city-level drug centralized procurement catalog according to relevant procedures, they can directly enter the medical institution for procurement and use, and encourage Medical institutions give priority to purchasing and using the varieties that have passed the quality and efficacy consistency evaluation of generic drugs in the county; actively support newly approved county-produced drugs and medical devices in accordance with the dynamic adjustment of relevant regulations to timely declare and link them for medical institutions to purchase and use; encourage local purchases Chinese medicine decoction pieces produced.
"

 

2.
"Under the same conditions, give priority to supporting the county's biological and new medicine production and drug sales enterprises to participate in the bidding for the drug distribution rights of all public hospitals, health centers, and outpatient clinics in the county's jurisdiction in accordance with laws and regulations.
"

 

　　Give priority to support local medical equipment, drug online procurement, and give priority to local companies to participate in the bidding of drug equipment distribution.
.
.

 

　　It's self-evident that it means to be protective!

 

　　But if this "preference" is placed on policy, it may lead local enterprises and the economy in a short period of time.
However, if things go on like this, it will hinder the entry of more excellent companies, and at the same time make local companies gradually relax and reduce their self-requirements, which is even more detrimental to the development of the local economy!

 

　　After investigation, the "Six Measures" formulated and promulgated by the People's Government of Gutian County violated Article 37 of the Anti-Monopoly Law, "Administrative agencies shall not abuse administrative power and formulate regulations that exclude or restrict competition.
" and "Stop abuse of administration.
" Interim Provisions on Power Exclusion and Restriction of Competition" Article 9 "Administrative agencies shall not abuse their administrative power to formulate and publish market standards that exclude or restrict competition in the form of regulations, methods, decisions, announcements, notices, opinions, meeting minutes, etc.
into industrial development, pharmnet.
com.
cn/" target="_blank">investment regulations to attract investment, bidding and government procurement, business code of conduct, qualification standards and other regulations concerning the market players in economic activity, regulatory documents and other policy measures.
", and constitutes an abuse of administrative power to eliminate or restrict competition Illegal behavior.

 

　　At present, the "six measures" have been abolished and made public through the government portal website.

 

　　Strengthen anti-monopoly law enforcement

 

　　Focus on the fields of medicine, bidding and government procurement

 

　　When it comes to preventing the abuse of administrative power to restrict competition, I have to talk about the recent comprehensive clean-up of regulations and practices that hinder the unified market and fair competition in the Guangdong-Hong Kong-Macao Greater Bay Area.

 

　　On February 28, the People’s Government of Guangdong Province issued the “Implementation Plan for Guangdong Province to Further Promote the Advancement of Competition Policy in the Guangdong-Hong Kong-Macao Greater Bay Area”.
The plan puts forward in terms of anti-monopoly law enforcement: focusing on medicine, construction, bidding and government procurement, In areas such as the engraving of official seals, we will intensify efforts to regulate administrative agencies' abuse of administrative power to eliminate and restrict competition, and establish green channels for reporting on issues that violate fair competition.

 

　　At the same time, it will focus on researching the anti-monopoly characteristics of the Internet market, promote "Internet + anti-monopoly", give full play to the advantages of the "digital government" integrated platform and big data support, and comprehensively apply big data, artificial intelligence, and blockchain technology to improve anti-monopoly law enforcement expertise.
level.

 

　　It is worth mentioning that the Guangdong Provincial People’s Government has also increased the entrustment of the Shenzhen market supervision department to carry out relevant anti-monopoly investigations, supported Shenzhen to establish an independent fair competition review agency, piloted the implementation of an independent review system, and developed experience that can be replicated and promoted.
practice.

 

　　A few days ago, the Central Office and the State Council also issued the "Action Plan for Building a High-Standard Market System".
The "Action Plan" also proposed to improve the judicial protection system for property rights enforcement, improve the market access negative list system, and fully implement the "national one list".
"Management model, strengthening anti-monopoly and anti-unfair competition regulations in new business fields.

 

　　National and local governments are constantly emphasizing industry anti-monopoly and anti-unfair competition.
Perhaps in the near future, the fair competition review model explored by Shenzhen will be promoted nationwide, and the current pharmaceutical, bidding, and government procurement links we are concerned about will definitely It is an area where anti-monopoly and anti-unfair competition actions are focused on!

 

　　Abuse of administrative power to exclude and restrict competition

 

　　The State Administration for Markets must strictly investigate

 

　　As early as 2019, the State Administration for Market Regulation issued the "Interim Regulations on Suppressing the Abuse of Administrative Power to Eliminate and Restrict Competition".
The "Regulations" require clear requirements: 7 major types of violations of administrative agencies' abuse of administrative power to exclude and restrict competition Strict investigations include areas such as local protection, designated transactions, and market barriers in the areas of bidding and product market access.
As long as the verification is passed, if the parties are suspected of abusing administrative power to eliminate or restrict competition, they will be filed for investigation!

 

　　In the same year, the Shanghai Municipal Market Supervision Administration also issued the "Notice on the Work Plan for Special Enforcement Actions on Abusing Administrative Power to Eliminate and Restrict Competition", and launched a four-month special rectification work.
It is worth noting that the rectification work puts the prevention of abuse of administrative power in the medical field in the first place.

 

　　It is proposed to "focus on investigating and punishing the illegally designated drug, medical device , and consumable distribution companies for medical institutions at all levels , and correcting the implementation of local protection in pharmaceutical procurement, exclusion of foreign operators from participating in local market competition, and obstructing the free circulation of drugs.
"

 

　　As we all know, "abuse of power" is not uncommon in the medical field.
Take the Gutian government of Fujian Province as an example, vigorously promote the development of local pharmaceutical companies and careers, and restrict the development of foreign companies in the local area.

 

　　What's more, it is not uncommon to use the position to designate medical equipment and consumables distribution companies in the bidding process, or set parameters to restrict foreign competitors and hinder foreign products from entering the market.

 

　　There is no doubt that these actions have a very large impact on maintaining the fairness of the market.
Corruption is also easy to breed in the process of procurement bidding, which is not conducive to the healthy development of the market.
Therefore, it is urgent to stop and correct the abuse of administrative power to exclude and restrict competition in a timely manner.

　　Medical News, March 5, on March 1, the Anti-Monopoly Bureau of the State Administration for Market Regulation issued a notice announcement, "Fujian Market Supervision Bureau rectifies the abuse of administrative power by the People’s Government of Gutian County to exclude and restrict competition" (hereinafter referred to as "announcement").

 

　　The People's Government of Gutian County, Ningde City, Fujian Province was investigated by the Fujian Provincial Market Supervision and Administration Bureau for alleged abuse of administrative power to exclude and restrict competition.

 

　　Restrict the right to purchase and distribute medicines and equipment

 

　　One local government was investigated

 

　　According to the announcement: On September 29, 2019, the People’s Government of Gutian County passed the "Notice of the People’s Government of Gutian County on Printing and Distributing Six Measures to Promote the Development of Biological and New Pharmaceutical Industries" at the 17th Executive Meeting (Guzheng [Guzheng [Guzheng] 2019] No.
25, hereinafter referred to as the "Six Measures"), on October 16, 2019, the "Six Measures" was issued to the township (town) people's governments, sub-district offices, and relevant units directly under the county.

 

　　1.
"Actively support the county’s drugs and medical devices to be listed on the provincial drug equipment procurement platform in a timely manner in accordance with relevant regulations.
After the county’s drugs are listed in the city-level drug centralized procurement catalog according to relevant procedures, they can directly enter the medical institution for procurement and use, and encourage Medical institutions give priority to purchasing and using the varieties that have passed the quality and efficacy consistency evaluation of generic drugs in the county; actively support newly approved county-produced drugs and medical devices in accordance with the dynamic adjustment of relevant regulations to timely declare and link them for medical institutions to purchase and use; encourage local purchases Chinese medicine decoction pieces produced.
"

 

　　2.
"Under the same conditions, give priority to supporting the county's biological and new medicine production and drug sales enterprises to participate in the bidding for the drug distribution rights of all public hospitals, health centers, and outpatient clinics in the county's jurisdiction in accordance with laws and regulations.
"

 

　　Give priority to support local medical equipment, drug online procurement, and give priority to local companies to participate in the bidding of drug equipment distribution.
.
.

 

　　It's self-evident that it means to be protective!

 

　　But if this "preference" is placed on policy, it may lead local enterprises and the economy in a short period of time.
However, if things go on like this, it will hinder the entry of more excellent companies, and at the same time make local companies gradually relax and reduce their self-requirements, which is even more detrimental to the development of the local economy!

 

　　After investigation, the "Six Measures" formulated and promulgated by the People's Government of Gutian County violated Article 37 of the Anti-Monopoly Law, "Administrative agencies shall not abuse administrative power and formulate regulations that exclude or restrict competition.
" and "Stop abuse of administration.
" Interim Provisions on Power Exclusion and Restriction of Competition" Article 9 "Administrative agencies shall not abuse their administrative power to formulate and publish market standards that exclude or restrict competition in the form of regulations, methods, decisions, announcements, notices, opinions, meeting minutes, etc.
into industrial development, pharmnet.
com.
cn/" target="_blank">investment regulations to attract investment, bidding and government procurement, business code of conduct, qualification standards and other regulations concerning the market players in economic activity, regulatory documents and other policy measures.
", and constitutes an abuse of administrative power to eliminate or restrict competition Illegal behavior.

 

　　At present, the "six measures" have been abolished and made public through the government portal website.

 

　　Strengthen anti-monopoly law enforcement

 

　　Focus on the fields of medicine, bidding and government procurement

 

　　When it comes to preventing the abuse of administrative power to restrict competition, I have to talk about the recent comprehensive clean-up of regulations and practices that hinder the unified market and fair competition in the Guangdong-Hong Kong-Macao Greater Bay Area.

 

　　On February 28, the People’s Government of Guangdong Province issued the “Implementation Plan for Guangdong Province to Further Promote the Advancement of Competition Policy in the Guangdong-Hong Kong-Macao Greater Bay Area”.
The plan puts forward in terms of anti-monopoly law enforcement: focusing on medicine, construction, bidding and government procurement, In areas such as the engraving of official seals, we will intensify efforts to regulate administrative agencies' abuse of administrative power to eliminate and restrict competition, and establish green channels for reporting on issues that violate fair competition.

 

　　At the same time, it will focus on researching the anti-monopoly characteristics of the Internet market, promote "Internet + anti-monopoly", give full play to the advantages of the "digital government" integrated platform and big data support, and comprehensively apply big data, artificial intelligence, and blockchain technology to improve anti-monopoly law enforcement expertise.
level.

 

　　It is worth mentioning that the Guangdong Provincial People’s Government has also increased the entrustment of the Shenzhen market supervision department to carry out relevant anti-monopoly investigations, supported Shenzhen to establish an independent fair competition review agency, piloted the implementation of an independent review system, and developed experience that can be replicated and promoted.
practice.

 

　　A few days ago, the Central Office and the State Council also issued the "Action Plan for Building a High-Standard Market System".
The "Action Plan" also proposed to improve the judicial protection system for property rights enforcement, improve the market access negative list system, and fully implement the "national one list".
"Management model, strengthening anti-monopoly and anti-unfair competition regulations in new business fields.

 

　　National and local governments are constantly emphasizing industry anti-monopoly and anti-unfair competition.
Perhaps in the near future, the fair competition review model explored by Shenzhen will be promoted nationwide, and the current pharmaceutical, bidding, and government procurement links we are concerned about will definitely It is an area where anti-monopoly and anti-unfair competition actions are focused on!

 

　　Abuse of administrative power to exclude and restrict competition

 

　　The State Administration for Markets must strictly investigate

 

　　As early as 2019, the State Administration for Market Regulation issued the "Interim Regulations on Suppressing the Abuse of Administrative Power to Eliminate and Restrict Competition".
The "Regulations" require clear requirements: 7 major types of violations of administrative agencies' abuse of administrative power to exclude and restrict competition Strict investigations include areas such as local protection, designated transactions, and market barriers in the areas of bidding and product market access.
As long as the verification is passed, if the parties are suspected of abusing administrative power to eliminate or restrict competition, they will be filed for investigation!

 

　　In the same year, the Shanghai Municipal Market Supervision Administration also issued the "Notice on the Work Plan for Special Enforcement Actions on Abusing Administrative Power to Eliminate and Restrict Competition", and launched a four-month special rectification work.
It is worth noting that the rectification work puts the prevention of abuse of administrative power in the medical field in the first place.

 

　　It is proposed to "focus on investigating and punishing the illegally designated drug, medical device , and consumable distribution companies for medical institutions at all levels , and correcting the implementation of local protection in pharmaceutical procurement, exclusion of foreign operators from participating in local market competition, and obstructing the free circulation of drugs.
"

 

　　As we all know, "abuse of power" is not uncommon in the medical field.
Take the Gutian government of Fujian Province as an example, vigorously promote the development of local pharmaceutical companies and careers, and restrict the development of foreign companies in the local area.

 

　　What's more, it is not uncommon to use the position to designate medical equipment and consumables distribution companies in the bidding process, or set parameters to restrict foreign competitors and hinder foreign products from entering the market.

 

　　There is no doubt that these actions have a very large impact on maintaining the fairness of the market.
Corruption is also easy to breed in the process of procurement bidding, which is not conducive to the healthy development of the market.
Therefore, it is urgent to stop and correct the abuse of administrative power to exclude and restrict competition in a timely manner.