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The bidding procurement illegal development and reform commission antitrust big stick to guard the planning commission
 
Author:中国铭铉 企划部  Release Time:2017-4-10 9:27:10  Number Browse:761
 
Attachment: the national development and reform commission, the price and the anti-monopoly bureau announcement 
 
Shenzhen health development planning commission promised to correct in the pilot reform of public hospital drug group procurement abuse administrative power ruled out restrict competition behavior 
 
According to enterprise and industry association, the national development and reform commission and the national development and reform commission of guangdong province, to shenzhen health development planning commission on promoting the reform of public hospital drug group procurement process, alleged abuse administrative power ruled out restrict competition behavior were investigated. As, shenzhen health development planning commission is the violation of the anti-monopoly law: 
 
One, the only allowed a group purchasing organization (select medicine network for the whole pharmaceutical industry) with drug group procurement services. Group purchasing organization entrusted by the hospital to buy drugs, group-buying services required, all conform to the provisions of the state qualification, operators to provide services for the hospital can be equal to enter shenzhen public hospital pharmaceutical group procurement market. There is competition between each group purchasing organizations, to provide better and more efficient services. Shenzhen health development planning commission through the selection, in accord with qualification of the enterprise to determine a group purchasing organization, the ability and willingness to provide other drug group procurement service operators are excluded, lead to shenzhen public hospital pharmaceutical group procurement market only one operator, there is no competition. 
 
Second, limited shenzhen public hospitals, pharmaceutical production enterprise with full medicine pharmaceutical services provided by the net. One is restricted to shenzhen all public hospital only by medicine pharmaceutical co., cannot choose other qualified group purchasing organization, nor in the provincial drug centralized purchasing platform to purchase. 2 it is disguised qualified pharmaceutical producing enterprises can only through the whole medicine network to shenzhen public hospital pharmaceutical drug sales directory, not through the provincial drug centralized purchasing platform sales, destroy the drug market competition order. 
 
Three, qualified pharmaceutical pharmaceutical designated by the medicine distribution enterprise network. Under the state council general office on perfecting public hospital drug centralized procurement guidelines "(countries do hair [2015] no. 7) about the provisions of the pharmaceutical producing enterprises to choose its own distribution enterprises. 
 
Shenzhen city planning commission of the violates the article 8 of the anti-monopoly law "has administrative organs and laws and regulations grant rights to administer public issues shall notabuse administrative power to eliminate or restrict competition", the article 32 the administrative organ shall not abuse their administrative power to limit or in a disguised form qualified units or individual business, purchase, use its designated operators provide goods "such as regulation, constitutes abuse their administrative power to eliminate or restrict competition behavior. 
 
After investigation, shenzhen health development planning commission to realize the above approach to exclude limits the shenzhen public hospital pharmaceutical group procurement market of fair competition, does not conform to that stipulated in the "anti-monopoly law" relevant, says it will actively rectification. Shenzhen health development planning commission puts forward three measures: one is to ensure that the public hospital drug procurement autonomy. In insisting on the principle of centralized purchasing, the public hospital drug procurement should not be mandatory requirements, allow public hospitals choose to entrust existing group purchasing organization (i.e., the whole network pharmaceutical) or purchasing platform in the southern province of guangdong. 2 it is to ensure that choose autonomy drug distribution enterprises. Revising perfect public hospital pharmaceutical drug delivery system of group purchase, restore pharmaceutical producing enterprises choose to determine the distribution of autonomy. Three is to ensure that the pharmaceutical production enterprise autonomy. Allow the pharmaceutical producing enterprises to choose its own existing group purchasing organization or other drug procurement platform to the public hospital of shenzhen sales directory. 
 
In addition, shenzhen health development planning commission promised to change during the pilot period to perfect the relevant policy documents, make it accord with the "anti-monopoly law" and "about to establish fair competition in the market system construction's opinions on censorship (guo fa [2016] no. 34), support of group purchasing organization into the relevant market, promote the drug group procurement mode of normative and orderly development. 
 
Practice proved mature market economy countries, the group purchase mode can effectively reduce the drug purchase price, save medical expense, easing the burden on patients, and the fair competition between drug group purchasing organization is one of the keys to achieve the above goals. The national development and reform commission will jointly with the national development and reform commission of guangdong province urged health development planning commission of shenzhen to the above measures put in place. 
 
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