关键词: 别嘌醇片,垄断协议,法律适用,规范分析

Abstract: To reach and implement the monopoly agreement to restrict competition by the operators is one of the economic monopolistic acts that are regulated heavily by the anti-monopoly law of every country. In February 2016, the National Development and Reform Commission issued an administrative penalty decision on the case of allopurinol tablets monopoly agreement reached by five domestic pharmaceutical companies. Compared with the provisions of Article 46 of Chinese Anti-Monopoly Law on the administrative responsibilities of the monopoly agreement, there exist such problems in the penalty made by the NDRC as lower proportion and amount of the penalty, lacking of the penalty of confiscation for the illegal gains, lacking of effective corrective measures for the illegal acts, and so on, so that the legislative norms and legislative purposes to regulate illegal monopoly behaviors by the Anti-Monopoly Law cannot be achieved in specific cases. In view of this, we should strengthen the coordination among the three major anti-monopoly law enforcement agencies in China and unify the concepts of anti-monopoly law enforcement, develop specific and reasonable penalty standards and recognition standards for confiscation of illegal income, guide the anti-monopoly law enforcement agencies to carry out their anti-monopoly work, and detail the relief measures for the bad consequences of illegal monopoly behaviors. Through the above three aspects of the work, we can further standardize and improve China’s anti-monopoly law enforcement, form the effective deterrence against the operators who conduct illegal monopoly behaviors, so as to protect the interests of consumers.

Key words: allopurinol tablets; monopoly agreements; legal application; normative analysis