关键词: 超高定价,药品领域,孤儿药,普通药,反垄断规制,经营者承诺

Abstract: The reasons for the excessive pricing in pharmaceutical sector are very complicated, which have attracted much attention from all sectors of society with violent responses. The incessant antimonopoly enforcement cases demonstrate the determinations of the anti-monopoly law enforcement authorities to regulate the excessive medicine prices, however, due to the complicated situations, including prejudices and misunderstandings, the effect of the governance is far from satisfactory. The governance of higher medicine prices should be based on the correct attribution, and the principles should be followed, such as treating different medicines in different ways, suiting the remedy to the case, and dividing the medicines into different groups for treatment. Under the overall framework of the national medical system reform, the government should give its industrial support and stimulation to the orphan medicines, which are clearly short of market supply; the excessive pricing behavior in this regard should be left to the governance of the Pricing Law. As for the common medicines, which have a balanced market demand and supply, the governance of the excessive pricing behavior should follow the relative provisions in the Anti-monopoly Law. The key points of enforcement practices include: the definition of the relevant markets, the determination of excessive pricing and the selection of legal relief schemes, etc.

Key words: excessive pricing; pharmaceutical field; orphan drug; common drug; anti-monopoly regulation; commitment of operators