横向垄断协议

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公用事业领域反垄断指南公开征求意见 哪些方面涉及你我生活?一文了解↓
Yang Shi Wang· 2025-08-22 02:16
Core Viewpoint - The State Administration for Market Regulation has drafted the "Antitrust Guidelines for the Public Utilities Sector (Draft for Comments)" and is seeking public feedback on it [1]. Group 1: Overview of Public Utilities - Public utilities encompass a range of industries that provide essential goods or services to the public, including water supply, electricity, gas, heating, sewage treatment, waste disposal, broadcasting, and public transportation, most of which have natural monopoly characteristics [3]. Group 2: Antitrust Guidelines Purpose - The guidelines aim to address the unique characteristics and market competition rules of the public utilities sector, enhancing the scientific, targeted, and effective nature of antitrust enforcement [4]. Group 3: Identification of Antitrust Behaviors - The draft provides detailed specifications on potential monopolistic agreements in the public utilities sector, helping operators accurately identify legal risks [6]. - Horizontal monopolistic agreements are prevalent in the public utilities sector, particularly in the bottled gas industry, where operators may fix prices or divide market shares through informal agreements [8]. Group 4: Abuse of Market Dominance - The draft addresses the frequent occurrence of market dominance abuse in sectors like water, gas, electricity, and heating, detailing factors related to unfair pricing, refusal to deal, and other unreasonable trading conditions [9]. - It specifies common scenarios that may not be considered legitimate justifications for market dominance abuse, emphasizing that actions without legal basis or those claiming safety without proof are generally not justified [10][14].
七成净利被罚没!联环药业遭上市以来最大罚单,操纵新冠救命药“地塞米松”价格暴涨282倍
Hua Xia Shi Bao· 2025-06-14 07:29
Core Viewpoint - The recent antitrust penalty imposed on Lianhuan Pharmaceutical for price-fixing of dexamethasone raw materials has significant financial implications, with the fine amounting to over 72% of the company's net profit from the previous year [2][5]. Antitrust Violation - Lianhuan Pharmaceutical, along with other companies, engaged in a price-fixing agreement to stop price competition and jointly raise prices for dexamethasone, violating the Anti-Monopoly Law of the People's Republic of China [3][4]. - The investigation revealed that the companies involved had a meeting in November 2021 to establish this agreement, which led to a dramatic price increase of dexamethasone injection from 0.35 yuan to 98.76 yuan, a rise of nearly 282 times [4][5]. Financial Impact - The total fines for the involved companies reached 326 million yuan, with Lianhuan Pharmaceutical specifically fined 61.04 million yuan, which is 72.53% of its net profit from the previous year [5][6]. - The penalty will reduce Lianhuan Pharmaceutical's net profit for 2025 by 61.04 million yuan, significantly impacting its financial performance [6]. Company Performance - Lianhuan Pharmaceutical has experienced a decline in net profit, with projections showing a drop from 135 million yuan in 2023 to 84 million yuan in 2024, a decrease of 37.66% [7][8]. - The company's revenue for 2023 and 2024 is projected at 2.174 billion yuan and 2.160 billion yuan, respectively, indicating a slight decline [8]. R&D Investment - The company has significantly increased its R&D expenditures, from 66 million yuan in 2021 to 155 million yuan in 2024, which has pressured profit margins [9]. - Lianhuan Pharmaceutical is shifting focus towards high-end formulations and innovative drugs, which has led to increased R&D costs but has not yet translated into higher profits [9][10]. Financing Challenges - Lianhuan Pharmaceutical has faced difficulties in securing external financing for its innovative drug projects, leading to a reliance on loans, which may increase its financial burden [9][10]. - The company attempted to raise funds through convertible bonds and private placements, but both plans were ultimately terminated due to market conditions and operational realities [10].