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| Pharmaceutical companies face a triple antitrust risk under the "two-ticket" system |
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| Author：中國銘鉉 企劃部 Release Time：2017-9-13 11:06:38 Number Browse：901 |
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In the background of "two-ticket system", medical enterprises in the past have faced a major adjustment in their sales model and sales system. For this, industry professionals remind, in the adjustment process, the anti-trust risk of pharmaceutical enterprises will increase, must pay attention to the compliance review.
▍ drug firms to adjust cost of business model and accounts receivable increase
In the first half of the year, many listed pharmaceutical companies actively adjusted their sales models or marketing strategies to cope with the "two-ticket system", according to the 2017 report of several listed pharmaceutical companies.
The company will speed up the transformation of the prescription drug business and adjust the business model of the past based on the base price to gradually expand the proportion of its own business.
In the middle of the year, the waran creatures report that, under the "two-ticket system", small dealers' purchases have been reduced, resulting in a backlog of blood products. As a result, the company will drive channel change and form alliances with large dealers.
The most immediate consequence of the adjustment of sales model or marketing strategy is to increase the sales cost of many drug companies and increase the pressure of return.
For example, in the Tibetan pharmaceutical industry, the company accounts for 160 million yuan of accounts receivable in the first half of 2017, up 160.7% year on year. The main reason for the explanation of the Tibetan pharmaceutical industry is that the advance of the "two-ticket system" resulted in the change of the payment method, and the settlement of the distributor was changed from spot to payment days, resulting in an increase in accounts receivable.
Sea pharmaceutical center daily news also said that to comply with the policy of "two votes", the company sales model transformation, the traditional proxy mode in sales revenue accounted for reduced gradually, the cost of sales rose 96.03%. The increase in sales expenses is due to the growth of the company's business scale and the "two-ticket system". The development of academic promotion and sales terminals has been strengthened.
It also noted that its sales in the first half of 2017 were up 109.77 per cent year-on-year, with accounts receivable rising 257 per cent year on year.
▍ producers increase the risk of a vertical monopoly at fixed prices
For the "two votes" brings to the drug companies marketing model, the influence of some industry lawyer issued a warning to pharmaceutical enterprises, should prevent among adjust sales and sales system, the anti-monopoly law risk.
In 2016, the national development and reform commission (NDRC) is a cautionary tale. Medtronic is the largest medical device company in the world. Since 2014, at least, medtronic has reached a monopoly agreement with platform merchants and dealers to limit the resale price, bid price and the lowest selling price of related medical device products. Medtronic developed a price list of the products, which set the price of each sales segment, directly fixed the resale price of the platform dealer to the dealer. The national development and reform commission decided: medtronic's behavior to violate the antitrust laws, it shall be ordered to medtronic to immediately stop the implementation of price monopoly behavior, and be fined 2015 annual product sales 4%, and 118.52 million yuan.
For how to prevent the longitudinal drug prices legal risk, operation Wei Shi Lin advice to drug companies, pharmaceutical enterprises should be in agreement with dealers agents fully illustrate the rights and obligations of distributor, especially for the dealer's supply price, discounts and rebates, such as core terms shall be determined, drug companies should not interfere.
▍ distributor price conspired to increase the risk of a horizontal monopoly
Under the "two-ticket system", due to the simplification of the distribution process and the increase of mergers between dealers, the merger and acquisition of pharmaceutical circulation market may lead to further concentration of this market. The likelihood of drug companies and competitors doing price collusion or synergies increases. In this way, drug companies face yet another antitrust risk: horizontal monopoly or price collusion.
Similar cases have been investigated. Estazolam API market is a typical oligopoly market, only three companies in actual production, respectively is huazhong pharmaceutical co., LTD, shandong sym pharmaceutical company and changzhou SiYao pharmaceutical companies. The three drug companies were fined by the national development and reform commission in 2016 for a horizontal monopoly agreement, which totaled more than 2.6 million yuan.
How to prevent the risk of horizontal monopoly agreement? Fonda antitrust law firm in Beijing team make a proposal, medicine production enterprises in the process of drug centralized purchasing, the need to prevent sensitive information exchange with other competitors, provide or obtain other competitors can be used to avoid future pricing information. At the same time, the circulation enterprise should establish the necessary firewall mechanism, avoid becoming the intermediary of the information exchange of different pharmaceutical production enterprises.
▍ patented drugs or because of the cost price increase the risk of abuse of dominant position
To transform the sales model, pharmaceutical enterprises are taking back some functions of dealers' market promotion, warehousing logistics and channel maintenance. This can lead to an increase in operating costs and, accordingly, product prices. Those who have patents or raw materials should be prevented from abusing the monopoly risk of market dominance.
Chongqing qingyang is the manufacturer of allopolinol, which has a 100% market share in China. Chongqing qingyang, from 2013 to 2014, has repeatedly raised prices for the drug, and has refused to sell other products to other manufacturers in the market. In December 2015, chongqing industrial and commercial bureau, chongqing qingyang has a dominant market position, its behavior constitutes refused to transaction behavior, in violation of the anti-monopoly law regulation, belong to the behavior of the abuse of dominant market position to refuse deal, to chongqing qingyang pharmaceutical issued a 439000 yuan ticket.
The national development and reform commission also found that, from April 2014 to September 2015, chongqing qingyang and its associated sales company the datong, jiangsu wto-day order, Shanghai sym joint and its don't Piao alcohol piece exclusive distribution of shangqiu Chinese outstanding enterprises, four separate meeting, and implementation of monopoly agreement. The contents of the agreement mainly include: negotiation of the price of unitary alcohol tablets; Divided the sales market, the three-way negotiation divided the sales area; Contract for bidding work. The three parties must bid in the designated area and do not receive bidding or negotiation in other areas. In response, the national development and reform commission determined that the drug companies' actions violated the provisions of article 13 of the anti-monopoly law, which severely ruled out competition in the market of the other products and fined up to 4 million yuan.
For high pricing, Wei Shi Lin advice, medicine production enterprises in considering adjust product pricing, need a cautious attitude, combined with cost, historical prices and other information into account.
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