Medical network on December 12 - fired on medical devices in China anti-monopoly first gun - December 7, the national development and reform commission announced that in accordance with the law of the world's largest medical device companies the medtronic price monopoly behavior to make administrative punishments and fines of up to 118.5 million yuan.
CCTV also reveals a more specific details: after the master sufficient evidence, development and reform commission (NDRC) law enforcement officers raids in April this year for the company, not very well at first, law enforcement personnel in more than 40 medtronic China headquarters have been trapped for more than six hours, go in until 4 o 'clock in the afternoon at half past nine by confrontation. And the medtronic management and headquarters of the United States after a dozen times communication, the company to cooperate with the investigation. Medtronic has now established corrective measures to abolish all resale price limit.
Of monopoly in both at home and abroad, also has a "soft" resistance, can be like medtronic, with their law enforcement officers more than 6 hours of intense way to defy an antitrust investigation, is rare. In the end, it is also to pay a big price for their counter survey: this may affect the amount of penalty measurement, more will make its in deep crisis of public opinion.
The national development and reform commission, the price supervision and anti-monopoly bureau has revealed that the penalty for monopoly mainly considers three factors: first, the illegal plot; Second, cooperate with the investigation of the situation; Third, the rectification. If companies surveyed rearguard action, not only may violate China's "anti-monopoly law" article 42 clear with the anti-monopoly enforcement authority survey obligation, could also become a penalty discretion when "a heavier factors".
It is understood that the law enforcement agencies for medtronic antitrust fines is 2015, 4% of the sales of the products involved in the law explicitly for monopoly "concurrently fined not less than one percent of the sales of more than one percent from the previous year's", China's antitrust penalty relative to the European and American countries and partial light background, it may also have warning signs.
In fact, in many countries anti-monopoly law for the companies involved left breaks the window of the punishment, that is surrendered, greater inform on the processing mechanism. Our country also has relevant policy, 2013, the national development and reform commission of nine monopoly of domestic and foreign milk powder enterprises issued a total of 670 million yuan ticket, but because wyeth, bei for beauty and Meiji to development and reform commission, report the relevant situations of the monopoly agreement and provide important evidence, be exempted from punishment. To see, against the investigation will not wise. From the aspect of public opinion, on the basis of monopoly "original sin" and "crimes" against antitrust investigations, can also add to the scandal.
As a symbol of the giant, medtronic, become a sword of antitrust strong-arm reaction of the object, the reason is, of course, price monopoly. Verify according to the national development and reform commission, in the heart blood vessels, restorative therapy and diabetes related medical equipment in the industry leading position of medtronic, the upstream resources, through the distribution agreement, distribution, mail notification and oral negotiation, fixed medical equipment resale price peaceful Taiwanese gross margin, and the lowest bid price qualified dealers and distributors to the hospital minimum resale price, limit the resale price, hamper the market price and bidding mechanism to normal work.
It against the hand of the investigation, or the permission from its carry the "giant" position to find the vein of "v" in the practice of price monopoly: medtronic in China stands on things, this not the first time, in May this year, medical anti-corruption storm in changzhou, changzhou prosecutors informed, global medical equipment giant medtronic has agents involved in; Recently, medtronic heart valves also had heavy penalties for not registered by fuzhou regulators. Don't cooperate with the investigation of the posture, with the consistent with consistent.
Medtronic's status as a "giant", originally by its technological monopoly to lay. In China's medical equipment market, represented by general motors, philips, Siemens foreign-funded enterprises (hereinafter referred to as the "GPS") in China's medical equipment market, occupies the absolute advantage. The national food administration of drug safety supervision department of medical equipment TongMin estimates that in the field of high-end medical equipment, the ratio of domestic and imported equipment is about 1 to 9. National health and family planning commission KeJiaoSi chief priests Qin Huaijin have pointed out that "two 95%" dilemma: 95% of the patented drugs in China, 95% of medical equipment monopoly by foreign companies, and this is the very important reason to lead to expensive.
Foreign technology monopoly in the field of medical equipment, need to colonize in the history of Chinese enterprises in technology innovation, realize to the "west wind" to break as soon as possible, and at present, our country only some breakthroughs in this field. It is reported that China's current high inspection fee is closely related to medical equipment purchase, maintenance costs, once a sharp rise in the proportion of localization of high-end medical equipment, relevant expenses is expected to shrink by two-thirds.
But the break more than technological monopoly, is the price monopoly. Like the investigation of medtronic produce of stents, ex-factory price is 1000 yuan, only to patients with link price has soared to about 30000 yuan, is by the producers and sellers and hospital conspired to form the monopoly price. It violates the article 14 of the anti-monopoly law to ban terms "vertical monopoly agreements".
This is not isolated cases, medtronic's monopoly in the industry also typical - occur in resale link. Phenomenon of excessively high price of imported medical equipment has been widely criticized, the limitation of it behind the resale price problem, is also been exposed.
And this kind of price monopoly, is finally extract monopoly profits of blood from the patients. Media exposure, orthopaedic surgery, use of medical screws, once had the price of the ex-factory price and eventually use patients to turn over more than 20 times. And variations of equipment introduction "kickbacks", often will be passed on to patients. In essence, it is the "blood".
In may this year, the state development planning commission and other departments more clear, the "special medical consumables" as the focus of this regulation. The anti-monopoly enforcement focus is the development and reform commission (NDRC) is clear, medicine and medical equipment industry. To see, the punishments for medtronic such industry leading and warnings to the industry monopoly mess. Next, wants to see a relevant antitrust case summary, precision, more targeted, also with reference to the competition and market administration recently for Pfizer illegal raise prices a ￡ 84.2 million fine, feel free to offer a "punitive" day price ticket, let relies on price monopoly in the field of medical devices "vampire" the governance of the problems. |
