China: Publishes The Decision Of Administrative Punishment On Allopurinol Monopoly Agreements (In Chinese)

Last Updated: 20 March 2016
Article by AnJie Law Firm

根据举报,国家发展改革委近日对重庆青阳、重庆大同、江苏世贸天阶、上海信谊联合、商丘华杰等五家公司达成并实施别嘌醇片垄断协议案依法作出处罚,合计罚款399.54万元。

别嘌醇片是治疗因尿酸过高引起的高尿酸血症、痛风的常用药物。别嘌醇制剂属于国家基本医疗保险药品目录中的甲类药品,别嘌醇片还列入了国家基本药物目录和国家低价药目录,价格低廉,在临床上广泛使用。全国获得别嘌醇片批准文号的生产厂家有15家,2012年至2013年实际有7家企业生产别嘌醇片;2014年以来实际只有重庆青阳、江苏世贸天阶、上海信谊联合3家企业生产别嘌醇片。

现查明,2014年4月至2015年9月,重庆青阳及其关联销售公司重庆大同、江苏世贸天阶、上海信谊联合及其别嘌醇片独家经销企业商丘华杰,作为生产销售青阳、世贸天阶、信谊品牌别嘌醇片的三方经营主体,先后四次召开会议,达成并实施垄断协议。协议内容主要包括:一是协商统一上涨别嘌醇片价格。2012年至2013年,别嘌醇片市场销售均价约为5.8元/瓶,2014年初因原料、人工、环保和技术改造导致成本增加,供应结构变化等因素,上涨至10元/瓶。2014年4月,当事人经过协商,决定将别嘌醇片销售价格提高到不低于18元/瓶;2014年12月,当事人协商并决定于2015年1月起提高到23.8元/瓶。二是分割销售市场。三方协商划分了销售区域,其中重庆青阳一方负责四川、重庆、广东、云南、山东、安徽、陕西、甘肃、宁夏、新疆、西藏、内蒙古;上海信谊联合一方负责上海、浙江、北京、天津、河南、河北、海南、广西、江西、山西;江苏世贸天阶负责江苏、湖南、湖北、福建、贵州、吉林、辽宁、黑龙江。三是约定招投标工作。三方必须在划定区域内进行招投标,不得到其它区域投标或议价。同时强调,如违反约定,重庆青阳将取消合作并不予供应别嘌醇原料药。从当事人别嘌醇片的实际经销情况和销售数据看,垄断协议得到了实质性实施。

重庆青阳及重庆大同、江苏世贸天阶、上海信谊联合及商丘华杰作为生产销售三个品牌别嘌醇片的独立市场主体,属于具有竞争关系的三方经营者,达成并实施统一上涨别嘌醇片价格、分割销售市场的垄断协议,违反了《反垄断法》第十三条的规定,严重排除、限制了别嘌醇片市场的竞争,对2014年4月以来别嘌醇片价格上涨具有重要推动作用,增加了广大高尿酸血症和痛风患者的药费负担,损害了消费者利益。

本案垄断协议涉及上涨价格、分割销售市场两种行为,性质较为严重,特别是2014年以来全国只有当事人生产三个品牌的别嘌醇片,垄断协议对别嘌醇片市场竞争的排除、限制程度较深。根据垄断行为的性质、程度、持续时间,以及当事人在垄断协议中的不同作用,国家发展改革委依法责令当事人立即停止实施垄断协议,并处罚款:一、对在达成并实施垄断协议过程中处于主导地位的重庆青阳及其关联销售企业重庆大同,处上年度销售额8%的罚款,计180.52万元。二、对能够积极配合调查、如实提供证据材料的江苏世贸天阶,处上年度销售额5%的罚款,计118.40万元。三、对能够积极配合调查、如实陈述相关事实的上海信谊联合、商丘华杰,分别处上年度销售额5%罚款,计49.56万元、51.06万元。

国家发展改革委将继续加强医药行业价格监管,依法保障经营者自主定价权,发挥市场在资源配置中的决定性作用,同时加强对经营者生产销售活动和价格行为的事中、事后监管,严肃查处垄断协议、滥用市场支配地位等违法行为,维护有利于形成合理价格的公平竞争秩序,保护消费者合法权益。

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