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交了罚款还能挣钱?难怪药企“热衷”参与垄断
阿尔法工场研究院·2025-05-08 14:46

Core Viewpoint - The article highlights the challenges in enforcing antitrust laws in the pharmaceutical industry, where the profits from monopolistic practices often outweigh the penalties for violations [1][5][19]. Summary by Sections Antitrust Violations and Penalties - Xianju Pharmaceutical was fined 195 million yuan for its involvement in a monopoly case concerning dexamethasone phosphate raw materials [1]. - In another case, three pharmaceutical companies colluded to raise the price of methacholine injection by 11 to 21 times, resulting in a total penalty of approximately 223 million yuan [2][5]. - The enforcement of antitrust laws in China's pharmaceutical sector has been historically lenient, with the revised Antitrust Law in 2022 introducing personal liability for executives, but actual penalties remain low compared to the profits gained from such practices [5][19]. Price Manipulation and Market Impact - The price of methacholine injection surged from 2-3 yuan to over 30 yuan per unit over a few years, before being included in a national procurement list at a price below 1 yuan [6][11]. - The sales revenue for methacholine injection exceeded 1 billion yuan in 2023, with one company holding over 69% market share [7][16]. - The article discusses how the collusion among companies not only inflated prices but also led to drug shortages, adversely affecting patients who rely on these medications [9][10]. Mechanisms of Collusion - The collusion involved explicit agreements among companies to raise prices and divide markets, which is described as a "composite monopoly agreement" [12][14]. - The article notes that such practices are not uncommon in the industry, with multiple companies engaging in similar behaviors over the years [13][14]. Enforcement Challenges - The difficulty in calculating illegal gains and the limited resources of enforcement agencies hinder effective implementation of antitrust laws [5][16]. - The penalties imposed often do not reflect the scale of the illegal profits, leading to a perception that the risks of engaging in monopolistic practices are low [15][16]. - The introduction of personal liability for executives is a step towards improving enforcement, but the effectiveness of this measure remains to be seen [18][19].