Equipment bundling supplies sales, medical equipment enterprises fined! Shanghai business shot

Not long ago, Shanghai's industrial and commercial authorities raised concerns about the two major tickets for the commercial bribery in the pharmaceutical industry, but one of the penalties is for pharmaceutical companies and the other is for the big pharmaceutical manufacturers, mainly for the drug circle The latest news shows that Shanghai Industrial and commercial enterprises also shot to the medical device!

According to the website of Shanghai Administration for Industry and Commerce, on December 6, 2017, Shanghai Pudong New District Market Supervision Administration made a decision on administrative penalty and Shanghai Medical Technology Co., Ltd. was suspected of unfair competition. It was confiscated 617768.74 yuan of illegal income and a fine of 100000 yuan. A total of more than fined 500,000 yuan.

Note that this is another typical case of punishment for "equipment bundling consumables sales." And the target of punishment is not a hospital but a hospital that dispenses equipment and supplies (reagents) free of charge medical instruments enterprise The basis for being punished is also in violation of the Anti - Unfair Competition Law and is allegedly involved in commercial bribery.

The parties (Shanghai is a Medical Technology Co., Ltd.) is a medical device operators, holders of "medical equipment business license."

October 2015, the parties and Shanghai **hospital Signed a "loan agreement" to the Shanghai ** Hospital Free ** ** automatic sample processing system, ** automatic blood cell analyzer, ** automatic coagulation analyzer of a set of; borrowing period of five years, 2015 Year from October 26 to October 25, 2020. Borrowing expires, the parties have the right to recover the above equipment or both parties agree otherwise.

From November 2015 to February 2016, the parties respectively sent Shenzhen ** Company and Shanghai ** Company purchase The above equipment, the purchase amount of a total of 455,384.61 yuan (excluding value-added tax.) Subsequently, the parties will be 3 sets of equipment shipped to Shanghai ** Hospital installation and commissioning.

Shanghai ** Hospital use the above equipment, in order to ensure the accuracy of test data, the need to purchase **, ** original production of reagents, test strips and other consumables. March 1, 2016, the parties and the ** Medical Supply Chain Services The company signed the "Purchase Agreement." The parties sold the equipment consumables to the company and authorized the company to sell it to hospitals. The company, upon the request of the parties, sold the consumables to Shanghai ** Hospital for billing and payment.

From March 2016 to April 2017, ** The medical supply chain service company sold a total of 1870 boxes (boxes) of matching supplies to Shanghai ** Hospitals. Correspondingly, the parties sold the packages to the ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A total of 1870 boxes of supplies (boxes), the sales amount of 1681764.55 yuan (excluding value added tax.) After deducting purchase costs and taxes paid, the parties received 617,768.74 yuan of illegal gains.

After purchasing three sets of equipment, the parties included in the fixed assets account of the Company's financial books and depreciated each year into the operating costs of the company.The annual depreciation rate of 3 sets of equipment 20%, the depreciation rate will reach 100 % .After the incident in April 2017, the parties stopped the loan relationship with Shanghai ** Hospital and shipped 3 sets of equipment back to the company for training.

Shanghai Pudong New Area Market Supervision Administration believes that the above acts of Shanghai Medical Technology Co., Ltd. violate Article 8, Paragraph 1 of the "Anti-Unfair Competition Law of the People's Republic of China" 'Business operators shall not use property or other means for bribery In order to sell or buy goods secretly given to the other party rebate unit or individual, to bribe the place; the other units or individuals secretly receive rebates in the off-account by the bribery argument 'constitute the use of property to bribe to sell goods behavior.

According to Article 22 of the "Anti-Unfair Competition Law of the People's Republic of China", "operators who use financial means 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 Pursuant to the circumstances, a fine of not less than 10,000 but not more than 200,000 shall be imposed for confiscation according to the law, and the Pudong New Area Supervisory Authority shall decide and the administrative penalties as follows:

A fine of 100000.00 yuan;

2. Confiscation of illegal income of 617,768.74 yuan.

A party dissatisfied with the decision on punishment, may within sixty days from the date of receiving the "punishment", the Shanghai Municipal Administration for Industry and Commerce Pudong New Area People's Government, or apply for administrative reconsideration according to law to the people of the Pudong New Area in six months court. fails to apply for administrative reconsideration or not to prosecute the people's court, nor perform the administrative punishment decision, the authority may apply to court to enforce the law.