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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]
药品领域反垄断执法的立体化突破
Zhong Guo Jing Ji Wang· 2025-06-13 10:31
Core Viewpoint - The enforcement of antitrust laws in the pharmaceutical sector is crucial for maintaining fair competition, ensuring effective drug supply, and protecting patient rights, as demonstrated by the recent administrative penalties exceeding 360 million yuan against four companies involved in price-fixing agreements [1][2]. Group 1: Antitrust Enforcement Actions - The Tianjin Municipal Market Supervision Administration has imposed penalties on four major domestic producers of sodium dehydrocholate, which is essential for producing sodium dehydrocholate injection, for engaging in a price-fixing agreement that disrupted market competition and increased drug prices [2][3]. - The organizer of the price-fixing scheme, identified as Guo, was subjected to a fine of 5 million yuan, highlighting the focus on punishing not just the companies but also the individuals orchestrating such anticompetitive behaviors [3][4]. Group 2: Penalties and Compliance - The four companies were fined 8% of their previous year's sales revenue, reflecting the seriousness of antitrust enforcement and serving as a deterrent against future violations [4][5]. - Individual penalties were also imposed on key personnel from the involved companies, reinforcing the principle of personal accountability in antitrust violations [5][6]. Group 3: Market Impact and Benefits - The enforcement actions are expected to restore competition in the sodium dehydrocholate market, encouraging companies to innovate and improve product quality while reducing costs [10][11]. - The reduction in raw material prices is anticipated to lower production costs for sodium dehydrocholate formulations, benefiting national healthcare and patients by alleviating financial burdens [11][12]. Group 4: Regulatory Improvements - The case emphasizes the need for enhanced regulatory oversight across the pharmaceutical supply chain, including production and sales, to prevent future monopolistic practices [14][15]. - Strengthening investigation and evidence-gathering capabilities is essential for effective antitrust enforcement, ensuring that regulatory bodies can address increasingly complex anticompetitive behaviors [15][16]. - The case also highlights the necessity for refining legal frameworks and enforcement standards to improve transparency and predictability in antitrust actions [16].
《反垄断法》修订后,如何精准规制自然人法律责任︱法经兵言
Di Yi Cai Jing· 2025-05-19 12:00
经营者必须切实认识到反垄断不仅是合规义务,更可能上升为刑事风险,尤其是在平台经济、医药、能源等竞争敏 感型行业,企业必须建立起内部反垄断合规体系。 近日,由国家市场监督管理总局指定天津市市场监督管理委员会管辖,针对郭某某组织津药药业股份有限公司、浙 江仙琚制药股份有限公司、江苏联环药业股份有限公司、西安国康瑞金制药有限公司(下称"津药等四公司")达成并 实施垄断协议进行行政处罚〔详见津市监垄处(2025)4号行政处罚决定书〕。该案作为2022年《反垄断法》修订后 首例追究自然人作为垄断协议组织者责任的案件,标志着我国反垄断执法从企业法人向自然人延伸,实现了对垄断 行为全链条打击的重要突破,体现了强化市场主体法律责任、提升执法精准度的重大意义。 案件概况及垄断协议危害性 根据目前官方和上市公司公开披露的信息,2025年4月30日起,天津市市场监督管理委员会陆续向有关企业下发《行 政处罚决定书》,津药等四公司针对地塞米松磷酸钠原料药(下称"地钠原料药")达成并实施"固定或者变更商品价 格"垄断协议的行为,违反了《反垄断法》第十七条第(一)项之规定,属于达成并实施"固定或者变更商品价格"垄 断协议的行为,依据《反垄 ...