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依法精准规制反垄断法上自然人经营者 法律责任
Zhong Guo Jing Ji Wang·2025-06-13 10:31

Group 1 - The case involves administrative penalties against four pharmaceutical companies for reaching and implementing a monopoly agreement regarding the price of dexamethasone phosphate raw materials, violating the Anti-Monopoly Law of the People's Republic of China [2][4] - The penalties highlight a significant shift in anti-monopoly enforcement in China, extending legal responsibility from corporate entities to individuals, marking a breakthrough in combating monopolistic behavior [1][5][10] - The raw material in question, dexamethasone, is crucial for producing injections used in treating various inflammatory diseases and has been included in treatment protocols for severe COVID-19 cases, indicating its importance in public health [3][4] Group 2 - The enforcement action against the individual organizer of the monopoly agreement represents a notable development in anti-monopoly law, emphasizing the legal accountability of individuals in addition to corporations [5][10] - The case demonstrates the potential for significant market distortion when companies collude to fix prices, which can adversely affect drug accessibility and pricing for consumers [3][4][10] - The penalties imposed on the individual organizer, amounting to 5 million yuan, reflect the law's intent to deter such monopolistic practices and reinforce the importance of individual accountability in maintaining market competition [2][9][10] Group 3 - The case serves as a precedent for future enforcement actions, indicating that anti-monopoly responsibilities will not be limited to corporate entities but will also encompass key individuals involved in orchestrating such agreements [10][12] - The recent amendments to the Anti-Monopoly Law, particularly the inclusion of provisions targeting individuals who organize or assist in forming monopoly agreements, aim to close loopholes that previously allowed key actors to evade responsibility [12][13] - The implications of this case extend to the broader regulatory landscape, suggesting a more rigorous approach to monitoring and penalizing anti-competitive behavior in sensitive industries such as pharmaceuticals [19]