Market General Administration: Now, the country will investigate and buy and sell bribery medicines!

On May 18th, May 18th, the State Food Regulatory Administration issued the “Announcement on Launching Key Actions for Enforcement of Anti-Unfair Competition,” and decided to carry out anti-impudence nationwide from May to October 2018. Key actions in competition law enforcement. Focusing on industries such as online trading, rural markets, medicine, education, etc., they will focus on rectifying market confusion, commercial bribery, false propaganda, and unfair competition in networks.

In medicine, medicine field, will focus on investigation drug (Medical Devices) Commercial bribery in the field of buying and selling to purify the market environment.

The announcement pointed out that in accordance with Article 7 and Article 19 of the Anti-Unfair Competition Law, the following actions will be investigated and dealt with: Bribery of the staff of the counterparty by property or other means, entrusted by the counterparty of the transaction to handle related matters Units or individuals that use their power or influence to influence the trading unit or individual to seek trading opportunities or competitive advantages.

This is after the institutional reform, the market authority in charge of 'power is facing' medicine After large-scale rectification of the industry, and after the new revision and implementation of the Anti-Unfair Competition Law, the Market Supervision Bureau has coordinated with the new law to launch a centralized rectification campaign for the pharmaceutical industry.

After the reform of the party and state institutions, the National Monitoring Committee and local supervisory systems at all levels have worked together with the Disciplinary Committees at all levels and officially stood on the front lines of anti-corruption, facing the public. hospital Executives, etc. exercise their anti-corruption power.

After the inspection committee, the newly established National Market Supervision Administration after the reform of the organization also shot up, focusing on rectifying the commercial bribery in the medical field.

This shows that institutional reforms, anti-corruption in the acquisition and sales of pharmaceutical machinery have not only weakened, but have also been strengthened. The strengthening of anti-corruption in the purchase and sale of pharmaceuticals may also become the main theme for this year and even the following years.

In addition, the State Administration of Industry Supervision was upgraded after the former Administration for Industry and Commerce had integrated some of the authority of other departments. Last year, after the joint action of the 9 ministries and commissions and the special rectification of medical consumables started, the former Administration for Industry and Commerce had issued a special issue. The notice on further strengthening the investigation and handling of cases of unfair competition in the medical field” focused on “severely investigating sham leasing, donating, and placing equipment, and tying up consumables and supporting equipment for sale and other suspected commercial bribery unfair competition”.

At this time, the General Administration of Market Supervision must focus on investigating commercial bribery in the medical field. Related leases, donations, and the sale of medical equipment and bundled medical consumables (reagents) should be the subject of investigation and punishment.

In accordance with the newly revised Anti-Unfair Competition Law, which was implemented on January 1, 2018, this medical instruments enterprise Being found to have commercial bribery will also face a heavier penalty than before.

The revised “Unfair Competition Law” stipulates that, if a business operator bribes another person, the illegal income shall be confiscated and a fine of 100,000 to 3 million shall be imposed. If the circumstances are serious, the business license shall be revoked. If a crime is constituted, criminal responsibility shall be investigated according to law.

The penalty standard before revision is that the illegal income shall be confiscated and the fine shall be between 10,000 yuan and 200,000 yuan. If the crime is constituted, the criminal liability shall be investigated according to law.

The new law also stipulates that if an operator is subject to an administrative penalty, it must be recorded in the credit record and publicized.

Undoubtedly, the market supervision and management bureau concentrated on investigating commercial bribery in the pharmaceutical sector this time. It is necessary to implement administrative penalties in accordance with the more stringent new law instead of the old law. The lighter should have a fine of 10-3 million, and the license for revocation should be severe!