Antitrust Hot Issues in the Pharmaceuticals Field and Corporate compliance Management

On August 9, 2024, the State Administration for Market Regulation (SAMR) released a draft of the Anti-monopoly Guidelines in the Field of Pharmaceuticals for public comments ("Draft Guidelines"). This is another significant anti-monopoly rule in pharmaceutical sector in China since the release of the Anti-Monopoly Guidelines Regarding Active Pharmaceutical Ingredients in 2021. The pharmaceutical sector has always been a key area for China's anti-monopoly law enforcement agencies, being fundamental both to the national economy and to people's livelihoods. In recent years, the main monopoly behaviors investigated and penalized by anti-monopoly law enforcement agencies include price fixing and horizontal monopoly agreements segmenting the sales market, resale price maintenance, as well as abuse of market dominance, including unfair high pricing and imposing unreasonable trading conditions.


In addition, the issues of reverse payment and product hopping have also come into focus for China's anti-monopoly law enforcement agencies. This seminar will center on the key antitrust issues in the pharmaceutical sector and provide targeted advice with regard to antitrust compliance for pharma companies, taking into account judicial practices in China and other major jurisdictions.


2024ๅนด8ๆœˆ9ๆ—ฅ๏ผŒๅ›ฝๅฎถๅธ‚ๅœบ็›‘็ฃ็ฎก็†ๆ€ปๅฑ€ๅฐฑใ€Šๅ…ณไบŽ่ฏๅ“้ข†ๅŸŸ็š„ๅๅž„ๆ–ญๆŒ‡ๅ—๏ผˆๅพๆฑ‚ๆ„่ง็จฟ๏ผ‰ใ€‹ๅ…ฌๅผ€ๅพๆฑ‚ๆ„่งใ€‚่ฟ™ไนŸๆ˜ฏ่‡ช2021ๅนดไธญๅ›ฝๅ‡บๅฐใ€Šๅ…ณไบŽๅŽŸๆ–™่ฏ้ข†ๅŸŸ็š„ๅๅž„ๆ–ญๆŒ‡ๅ—ใ€‹ไปฅๆฅๅ†ๆฌกๅฐฑ่ฏๅ“้ข†ๅŸŸๅ‘ๅธƒ็š„้‡็‚นๅๅž„ๆ–ญ่ง„ๅˆ™ใ€‚ๅ› ๆถ‰ๅŠๆฐ‘็”Ÿ้—ฎ้ข˜๏ผŒ่ฏๅ“้ข†ๅŸŸไธ€็›ดๆ˜ฏไธญๅ›ฝๅๅž„ๆ–ญๆ‰งๆณ•ๆœบๆž„็š„้‡็‚นๆ‰งๆณ•้ข†ๅŸŸใ€‚่ฟ‘ๅนดๆฅๅๅž„ๆ–ญๆ‰งๆณ•ๆœบๆž„ไธป่ฆๆŸฅๅค„็š„ๅž„ๆ–ญ่กŒไธบๅŒ…ๆ‹ฌ๏ผŒไปทๆ ผๅž„ๆ–ญไธŽๅˆ†ๅ‰ฒ้”€ๅ”ฎๅธ‚ๅœบ็š„ๆจชๅ‘ๅž„ๆ–ญๅ่ฎฎใ€ๅ›บๅฎšๆˆ–้™ๅฎšๆœ€ไฝŽ่ฝฌๅ”ฎไปทๆ ผ็š„็บตๅ‘ๅž„ๆ–ญๅ่ฎฎไปฅๅŠไธๅ…ฌๅนณ้ซ˜ไปทใ€้™„ๅŠ ไธๅˆ็†้™ๅˆถๆกไปถ็ญ‰ๆปฅ็”จๅธ‚ๅœบๆ”ฏ้…ๅœฐไฝ่กŒไธบใ€‚


ๆญคๅค–๏ผŒ่ฏๅ“้ข†ๅŸŸ็š„ๅๅ‘ๆ”ฏไป˜ใ€ไบงๅ“่ทณ่ฝฌ้—ฎ้ข˜ไนŸ่ฟ›ๅ…ฅไธญๅ›ฝๅๅž„ๆ–ญๆ‰งๆณ•ๆœบๆž„่ง†้‡Ž๏ผŒๅผ•ๅ‘้ซ˜ๅบฆๅ…ณๆณจใ€‚ๆœฌๆฌก็ ”่ฎจไผšๅฐ†็€็œผไบŽ่ฏๅ“้ข†ๅŸŸ็š„้‡็‚นๅๅž„ๆ–ญ้—ฎ้ข˜๏ผŒ็ป“ๅˆไธญๅ›ฝไธŽๆฌง็พŽไธป่ฆๅธๆณ•่พ–ๅŒบ็š„ๅธๆณ•ๅฎž่ทต๏ผŒไธบ็›ธๅ…ณ้ข†ๅŸŸไผไธš็š„ๅๅž„ๆ–ญๅˆ่ง„ๆไพ›ๆ›ดๅ…ท้’ˆๅฏนๆ€ง็š„ๅปบ่ฎฎใ€‚


Event details:

  • Event format: Hybrid
  • Time & Date: 1:30 PM - 3:30 PM, Friday, September 20 (Registration will start from 1:30pm)
  • Language: Chinese
  • Contact: Ada Yang, ayang@amchamchina.org; Edward Wang, xwang@amchamchina.org


Notes:

  • Registration is required to access the meeting. Registration and refunds close at 5:00 PM (China time), September 19 (Friday).
  • Please make sure to register with your company email address.
  • Registration at the door is not accepted.

Agenda

1:30 PM - 2:00 PM
Registration
2:00 PM - 2:10 PM
Opening Remarks and Introduction
2:10 PM - 3:10 PM
3:10 PM - 3:30 PM
Q&A

Speakers

  • Zhaoqi Cen (Partner at Zhonglun)

    Zhaoqi Cen

    Partner at Zhonglun

    Mr. Cen’s practice focuses on antitrust/anti-unfair competition, customs and trade compliance, intellectual property, and dispute resolution. Mr. Cen has rich theoretical and practical experiences in antitrust law and has provided clients with comprehensive legal solutions and opinions with regard to antitrust investigation, litigation, concentration of undertakings, and antitrust compliance. The industries involved include internet, energy, IT, telecommunications, medicine, automobiles, etc.

    Mr. Cen has kept track of the legislative dynamics and enforcement trends of antitrust law, and has produced many academic achievements and publications including Report on Competition Law and Policy of China (co-editor, 2010-2022), The Intellectual Property and Antitrust Review: Chapter for China (2016-2022), and the ICC Compendium of Antitrust Damages Actions (member of the drafting group)

    Social Activities:
    Researcher, UIBE Competition Law Centre
    Arbitrator, China International Economic and Trade Arbitration Commission (CIETAC)
    Member, International Chamber of Commerce Task Force on Court Proceedings in Antitrust Damages Claims
    Deputy Secretary-General, Professional Committee of Competition Policy and Law of the China Society for WTO Studies (CWTO)

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  • Qiang Xue (Registered Foreign Lawyer (New York) at Jones Day)

    Qiang Xue

    Registered Foreign Lawyer (New York) at Jones Day

    Dr. Qiang Xue is a partner at Jones Day. He represents clients in all aspects of antitrust law, including government investigations, merger reviews, and private litigations. His recent experience includes Bombardier Transportation's acquisition by Alstom, PotashCorp's merger-of-equals with Agrium, and high-profile investigations in the health care, semiconductor, automobile, and banking industries.

    In addition, Qiang has extensive experience in competition law enforcement and government regulation out of China. He served secondments with the Directorate-General for Competition of the European Commission and with the Fair Trading Office of the United Kingdom in 2011 and 2012. He also worked in Jones Day's Washington, D.C. antitrust and government regulation practices (economic sanctions and export control). He recently assisted a major Chinese financial institution in a matter relating to a significant U.S. government investigation and a leading Chinese transportation company in defending a U.S. antitrust investigation. He also regularly advises clients on the EU's Foreign Subsidies Regulation (FSR).

    From 2006 to 2014, Qiang held various positions in the National Development and Reform Commission of China (NDRC), the predecessor of the State Administration for Market Regulation of China (SAMR), and was involved in drafting the Anti-Monopoly Law of 2007 and many other high-profile enforcement activities.

    Qiang has published numerous articles on antitrust and government regulation and is a frequent speaker at international conferences. He teaches antitrust and government regulation-related courses at Peking University and Central University of Finance and Economics. Qiang is also an expert member of the China National Corporate Compliance Committee and the Beijing Administration for Market Regulation.

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Tickets

AmCham China-Member
Standard Price RMB 150
AmCham China-Non-Member
Standard Price RMB 450

Venue

AmCham China Washington Room

Floor 3, Gate 4, Pacific Century Place, 2A Workers' Stadium North Road
ๅŒ—ไบฌๅธ‚ๆœ้˜ณๅŒบๅทฅไฝ“ๅŒ—่ทฏ็”ฒ2ๅท๏ผŒ ็›ˆ็ง‘ไธญๅฟƒ4ๅท้—จ3ๅฑ‚ใ€‚

Beijing, Chaoyang District, China

If you have any questions please contact Ada Yang

Contact Organizer

+86 85190862

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