Development and Reform Commission Wei Planning Commission: Consumables monopoly procurement, distribution is a large inventory

Pharmaceutical Network January 31, following several reports issued by the NDRC anti-monopoly, the National Health Planning Commission also self-limited their own competition policy may have conducted a self-inspection, and asked the whole system to participate in the investigation, which means that medical supplies procurement, distribution In such activities, various kinds of monopolistic behavior will be extensively investigated and cleaned up.

On January 29, the General Office of the State Health and Family Planning Commission issued the "Letter on Soliciting Opinions on Limiting the Competitiveness of Documents Disputed by the CPC Central Committee on Current Policies and Measures", which stated:

The commission is carrying out cleanup of local protection, designated transactions and market barriers contained in the policy measures (including existing rules, normative documents and other policy measures) concerning the economic activities of the market participants at the basic level, including the following aspects .

1, setting unreasonable and discriminatory access and exit conditions;

2, limit the operation, purchase, use of specific operators to provide goods and services;

3, the implementation of discriminatory prices and discriminatory subsidies on foreign and imported goods and services;

4, restrictions on foreign and imported goods and services into the local market or obstruct the shipment of local goods, service output;

5, exclude or restrict foreign operators to participate in local bidding activities;

6, Mandatory operators engaged in the "Anti-Monopoly Law," the monopoly act.

All localities should work in conjunction with routine health and family planning work to collect and collate the current regulations and normative documents and other policies and measures set forth by this committee at the same level with the terms and conditions excluding the restrictive competition and provide feedback on the relevant conditions before February 2, Legal Division.

Although the above documents are not mentioned requiring self-examination by the departments of health and safety inspection, but no one can think of it, the ministries and commissions have already started the investigation. The investigation of the provincial, municipal and even county-level health system should be done without saying anything All, at least some will follow up.

the author thinks, drug , Medical supplies, reagent procurement process, from time to time there are regional protection, monopoly distribution phenomenon, which brought unfair to other competitors, injustice, causing a greater controversy.

On December 5, 2017, the National Development and Reform Commission, the Ministry of Finance and the Ministry of Commerce jointly issued a circular on the issuance of the "Work Plan for Clearing the Current Exclusion of Restrictive Competition Policy and Measures for 2017-2018".

This circular requires that the departments under the State Council and the local governments at all levels and their subordinate departments, in accordance with the Anti-monopoly Law and the Opinions on Establishing a Fair Competition Examination System in the Market System, issued by the State Council, review the current regulations, normative documents and Other policy measures include local protection, designated transactions, market barriers and other content to clean up, and during the clean-up period to strengthen anti-trust law enforcement, investigate and abuse abuse of administrative power to exclude the case of restricting competition.

medicine The policies and regulations of the industry are apparently also within the scope of the joint clean-up work of the three ministries and commissions. And according to the antitrust situation at this stage, it should still be one of the focuses of liquidation.

According to the circular, the entire cleanup will take up to one year, starting from December 2017 and ending before November 2018, including self-examination, examination and examination, public annihilation, summary reporting and supervision and inspection.

1, setting unreasonable and discriminatory access and exit conditions;

2, limit the operation, purchase, use of specific operators to provide goods and services;

3, the implementation of discriminatory prices and discriminatory subsidies on foreign and imported goods and services;

4, restrictions on foreign and imported goods and services into the local market or obstruct the shipment of local goods, service output;

5, exclude or restrict foreign operators to participate in the local Bidding Bidding activity

6, Mandatory operators engaged in the "Anti-Monopoly Law," the monopoly act.

The policies and measures that eliminate the restriction of competition will be repealed or adjusted.

The circular also demanded that antitrust law enforcement agencies step up their efforts in law enforcement during the liquidation period, investigate and disclose typical abuse of administrative powers to eliminate competition-restricting cases, create a deterrent force for law enforcement and promote the clean-up efforts of policy-making organs.

On the 25th of the same month, the NDRC released 9 cases in which local government departments rectified and abused the administrative power to abolish and restrict competition, among which 3 were related to the field of medicine purchase and sale. Of the 3 cases, local government departments accepted the NDRC's Antitrust investigations, both of which were found guilty of actions, were suspected of violating the Anti-Monopoly Law.

Wei County, Sichuan Province, was informed that in the organization of public health institutions in the county drug procurement consumables procurement and competitive negotiation process, the identity of the owner to select the county-level public hospitals, pharmaceutical supplies distribution enterprise , And through competitive negotiation for the county township medical institutions designated the only distribution of medical supplies distribution companies, and the distribution companies can not fully meet the county public medical institutions, the distribution needs of medical supplies, but also by the relevant units to recover the GSP certificate .

The practice of Jiang'an County Wei-ji Bureau was found to deprive the county's public medical institutions of their right of self-determination, excluding the restriction of competition in the local distribution market.

Wuhu City, Anhui Province, medical supplies medical supplies center was found in the tender notice and Wuhu City Public hospital Among the programs for the centralized selection of drug delivery enterprises, there are provisions that force the winning bidder to locally register wholly-owned subsidiaries or controlled subsidiaries within 6 months.

In a week, the NDRC again exposed two antitrust cases in the field of medicine: January 2, 2018, "Yan'an WeiJiJian initiative to correct the abuse of administrative power to rule out restrictive competition", December 29, 2017 "Tianjin Municipal Bureau of Social Security to take the initiative to correct the medical insurance payment hinder the pharmaceutical market competition behavior."

Yan'an City has promulgated the "Yan'an City, drugs (supplies) centralized procurement of pharmaceutical distribution enterprises Selection Management Measures (Trial)" (Yan City Pharmaceutical Mining Lian Fa [2017] No. 1), distribution companies to set the conditions for the declaration of the city outside the city discrimination Sexual qualification requirements, the relevant provisions of a violation of the "Anti-Monopoly Law," the relevant regulations.After the Shaanxi Provincial Price Bureau involved in the investigation, Yan'an City Department of Health and Statistics abolished the relevant provisions of the local enterprises and foreign enterprises to declare the conditions be unified.

Tianjin Municipal Bureau of Social Affairs released two documents in 2017, not part of the pharmaceutical production belongs to the "national basic medical insurance, industrial injury insurance and maternity insurance drugs directory" into the Tianjin Medicare drug coverage, hinder the medical and pharmaceutical markets Full competition.

After an interview with Tianjin Municipal Development and Reform Commission, the Human Resources and Social Council issued a circular that stipulates that it should be implemented in strict accordance with relevant state regulations in the future payment of medical insurance. For the "all-in-one" national drug catalog in the "2017 National Drug Catalog" Scope, the enterprise can voluntarily fill out the drug information, free access to the city's medical drug market.