Shanghai: 50 million bribery, pharmaceutical large contractor is checked!

Pharmaceutical Network December 5 Shanghai Trade and Industry Bureau, 21 branches. There are two hands on the pharmaceutical companies.

After a few days, China and the United States first bribed Fushiguang, Yangpu Bureau opened 870,000 tickets, then the king punches - check the Corps will be the country's second largest promotion company - Tailing commercial bribery announced, and fined 11.6 million.

Similarly, both companies did not say anything after receiving the notification of punishment; the difference was that the basis for the punishment was that one was "People's Republic of China drug Management Law, "one is the" Anti-Unfair Competition Law of the People's Republic of China. "

Facts have proved that in the evidence premise, both laws will be able to medicine Commercial bribe, called to the podium, playing palm.

Shanghai Industrial and Commercial Bureau Inspection Corps "Administrative Penalty Decision" shows that in the promotion of drugs in the sales process, Tailing Pharmaceutical Information Consulting (Shanghai) Co., Ltd. (hereinafter referred to Tailing Shanghai), through medical representatives to a number of hospital Related personnel bribe, so that the amount of drugs.

Expenses will be honored in the form of 'conference fee' and 'promotion fee', etc., which will be honored by conference sponsors, departmental dinners, gift gifts, etc. From 2014 to the incident, a total payment of 58.95 million yuan will bring 3.1 Billion of sales revenue, the actual illegal income of 1142 million yuan.

Inspection Corps collected a lot of evidence, including transcripts of hospital staff, transfer records, drug promotion statistics, distribution company flow, travel company materials, product profit table, etc., check out the door clear.

It was concluded that Tailing Shanghai violated Article 8 (1) of the "Anti-Unfair Competition Law of the People's Republic of China." Operators shall not use property or other means to engage in bribe to sell or purchase goods, secretly give each other units or Personal rebates, bribery on the premises; the other units or individuals secretly receive rebates in the accounts, to accept the provisions of bribery 'constitutes a commercial bribe.

According to this law, it was decided to confiscate the illegal income of 11.42 million yuan and a fine of 180,000 yuan.

Two consecutive penalties, the industry's discussion of this, can not jump 'compliance' word, I am afraid now Shanghai and even all the medical people, the key to what to do.

The so-called compliance, which is consistent with the provisions of the two laws (Drug Law and Anti-Unfair Competition Law), want to fully comply with the law, according to the law, you can not give the interests of doctors in exchange for the sale of drugs.Really do this, Pharmaceutical companies, drug companies, it is not difficult - to visit only by red mouth and white teeth, meeting rely on the brainwashing brain. Play language, marketing talent.

However, it is a problem that the doctors who hold the prescription rights and control the rise and fall of drugs are not sure, but at least it is certain that under the current remuneration system, those who are not starved to death can not afford it.

This question, or can be attributed to the 'get rid of medicine and medicine' topic discussed.

In order to get rid of this mechanism that has existed for decades, a great deal of work has been done: the addition of drugs has been canceled; after the heavy penalties for pharmaceutical enterprises, the payment of gold can also be quite a lot, but the sunshine income of doctors - a key part of this , Become the 'Barrel Principle' in the shortage of that piece. With gold sales can survive, and this is not unrelated.

If we talk about the doctor's salary reform, it is more brain-burntering. In the end, how much is better? What is the standard? Where is the doctor's satisfaction baseline? Do you not give up?

There are too many problems to be solved, but also not a single day.At present, since the drug regulators, business and other departments are punching the blow, with gold or the first stop as well. Do not give money to see the doctor's response, say Undecided to forcing doctors to speed up the reform of the remuneration, reshape the sunshine of the medical ecology.

Shanghai Office of Industry and Commerce [2017] No. 320201610056

Name of the parties: Tyler Pharmaceutical Information Consulting (Shanghai) Co., Ltd.

Business: medical information consultation (according to law to be approved by the project, approved by the relevant departments before carrying out business activities)

The unfair competition by the parties, after the investigation by the Corps investigation to determine the illegal facts are as follows: The parties was established in 2009, the Department of Tai Ling (China) Investment Co., Ltd. (Hong Kong) established in mainland China is responsible for promoting the sale of drugs , Through their own and related companies to promote sales of homegrown medicines and proxy drug.

After investigation, during the promotion and sales of drugs, the parties through the on-the-job medical representatives to the relevant department of the purchase of pharmaceutical hospitals and related personnel to pay benefits to promote the number of drug sales.The parties according to the hospital to purchase the number of drugs accounting costs, the cost of 'conference fee ',' Promotion fee 'and other nominal accounts by the on-the-job medical representatives to the conference sponsor, department dinner, gifts and other forms of payment to the hospital related departments and related personnel.

According to the statistics, from 2014 to the incident, the parties concerned paid a total amount of 58,958,614 yuan of interest to relevant departments of the hospital and related personnel, resulting in sales revenue of 313,144,116.30 yuan and actual illegal income of 11,427,014.69 yuan.

The above facts of illegality shall be proved by the following evidences:

Evidence of a group: a copy of the business license of the parties, a copy of the business license of the company, the parties power of attorney, relevant personnel identification, group structure description, the relevant company information to prove the identity of the parties and related personnel, the main qualifications and authorization ;

Evidence Group 2: The parties authorized transferees and relevant personnel to ask transcripts, transcripts of relevant personnel of hospitals, transcripts of parties, copies of contracts, e-mail prints, financial transfer records and bank inquiries, and to prove that the parties, through in-service pharmaceuticals Representatives to the relevant departments and related personnel to pay the benefits of illegal facts;

Evidence Group 3: The parties authorized transferees and relevant personnel to interrogate the transcripts, the 2014-2016 product flow chart provided by the parties concerned, the statistical data on the promotion of active pharmaceutical representatives, the information description of the Sinopharm Group Distribution Center Co., Ltd. and the data checklist to prove that the parties passed the transcripts Related departments and related personnel to pay the benefits generated by the number of drug sales;

Evidence Group 4: Summary Form, Fact Sheets, List of Representatives of the Original Medical Representatives and Part of Separation Records Provided by the Parties, and Proofs and Amount of Interests Held by the Parties to Relevant Departments and Related Persons in Accordance with the Purchase Amount of Drugs Purchased by Hospitals;

Evidence Group 5: The parties authorized the principal to inquire transcripts, copies of the agreement, financial records, the information provided by the relevant company, a copy of the agreement, the financial statistics to prove the facts and costs of agents selling drugs;

Evidence Group VI: The parties authorized the trustee and related personnel to interrogate transcripts, financial transfer records, bank inquiry materials and travel company materials to prove that the parties according to the standard accounting fees and medical representatives to pay the interests of the relevant departments and related hospital departments;

Evidence group seven: the parties authorized the client to ask transcripts, product profit statements and annexes involved, to prove that the parties illegal income data.

On 16 November 2017, the team delivered a notice of administrative penalty hearing of Shanghai Industrial and commercial Public Notice [2017] No. 320201610056. The parties, within three working days from the date of receipt of the above notification, The team made a statement, to defend opinions, nor to hold a hearing request.

In view of the above facts and relevant evidence that our team believes:

In accordance with the purchase amount of hospital medicines, the parties pay interest to relevant departments and personnel. Subjectively, it is to obtain trading opportunities and promote the sales of medicines. Objectively, the parties can use the 'conference fee' and 'promotion fee' Trading departments and related interests of the interests of the hospital departments in line with the characteristics of commercial bribery in violation of "People's Republic of China Anti-Unfair Competition Law," Article VIII of the first 'operators shall not use property or other means of bribe to sell Or purchase of goods in the accounts secretly give the other unit or individual rebate, to bribe the place; the other units or individuals in the accounts secretly receive kickbacks to bribery on the 'provisions constitute commercial bribery.

According to Article 22 of the "Anti-Unfair Competition Law of the People's Republic of China", operators who use property or other means to engage in bribery to sell or buy goods constitute a crime shall be prosecuted for criminal responsibility according to law; if they do not constitute a crime, the supervision and inspection department may According to the circumstances, a fine of not less than 10,000 yuan and not more than 200,000 yuan shall be imposed, and the illegal gains shall be confiscated. In view of the large amount of illegal activities involved and the bribes paid to the relevant departments and personnel in many hospitals, The parties are punished as follows:

First, the confiscation of illegal income One thousand one hundred four hundred twenty thousand ten thousand one thousand ten thousand yuan Chak Kok Jiufen;

Second, a fine 拾 million 拾 million whole.

Implementation methods and deadlines for administrative penalty:

The party concerned shall, within 15 days from the date of receipt of the decision letter of administrative penalty, bring the Notice of Paying a Penalty for Fines and Non-collection, and hand over the fine and forfeiture to the specific collecting agency of ICBC or CCB of the Municipality, In order to pay the penalty, according to Paragraph (1) of Article 51 of the Administrative Punishment Law of the People's Republic of China, the team may impose a fine of 3% of the fine on a daily basis.

If the party refuses to accept the punishment decision, it may apply for administrative reconsideration with Shanghai Administration for Industry and Commerce within 60 days from the date of receiving the "Decision on Punishment," or may directly institute legal proceedings in the people's court within six months.

If the party fails to apply for administrative reconsideration or file a lawsuit with the people's court and fails to perform the administrative punishment within the prescribed time limit, the court may enforce it in accordance with the law or apply for enforcement by the people's court.

according to"enterprise Provisional Regulations on Information Disclosure "and the" Provisional Regulations on Publicity of Administrative Penalties Information Disclosure by the Administration for Industry and Commerce "issued by the State Administration for Industry and Commerce, the team will publicize the administrative punishment information through the enterprise credit information publicity system, portals and professional websites.

Shanghai Administration for Industry and Inspection Corps

November 22, 2017