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.


2024年8月9日,国家市场监督管理总局就《关于药品领域的反垄断指南(征求意见稿)》公开征求意见。这也是自2021年中国出台《关于原料药领域的反垄断指南》以来再次就药品领域发布的重点反垄断规则。因涉及民生问题,药品领域一直是中国反垄断执法机构的重点执法领域。近年来反垄断执法机构主要查处的垄断行为包括,价格垄断与分割销售市场的横向垄断协议、固定或限定最低转售价格的纵向垄断协议以及不公平高价、附加不合理限制条件等滥用市场支配地位行为。


此外,药品领域的反向支付、产品跳转问题也进入中国反垄断执法机构视野,引发高度关注。本次研讨会将着眼于药品领域的重点反垄断问题,结合中国与欧美主要司法辖区的司法实践,为相关领域企业的反垄断合规提供更具针对性的建议。


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
北京市朝阳区工体北路甲2号, 盈科中心4号门3层。

Beijing, Chaoyang District, China

If you have any questions please contact Ada Yang

Contact Organizer

+86 85190862

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