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May 12,2020
Express n° 15 Case: AM ∣ Three Pharmaceutical Distributors Fined RMB 325.5 Million for Antitrust Violation
The State Administration for Market Regulation (SAMR) in China fined three distributors
of calcium gluconate RMB325.5 million for violation of the Anti-Monopoly Law for
abuse of their dominant market position.
The three distributors,
including Shandong Kanghui Pharmaceutical, Weifang Puyunhui Pharmaceutical and Weifang
Taiyangshen Pharmaceutical, are related to each other and have a dominant
position (over 80% market share) in the supply chain of calcium gluconate. The
SAMR received complaints from the industry alleging that the three companies
had been working together in monopolizing the supply of calcium gluconate for
injection medicine. After 6-month investigation, the SAMR found that the companies
had set the price of their products at an unreasonably high level and added
unfair conditions to downstream manufacturers, and therefore violated the
Anti-Monopoly Law.
China has 3 authorities enforcing the Anti-Monopoly Law: the SAMR deals
with abuse of dominant market position, the National Development and Reform
Commission (NDRC) deals with price control, and the Ministry of Commerce
(MOFCOM) responsible for review & approval on merge & acquisition.
Contributed by: Jason Yao