China Youth Daily, Shanghai on August 1 electric Today 9:30, the country's first vertical monopoly case (vertical monopoly means between the upstream and downstream, has no direct competition between business entities reached exclude competition agreement ulta in Shanghai Higher People's Court of Final Appeal sentencing court revoked the trial verdict, the verdict appellee Johnson (Shanghai) Medical Equipment Co., Ltd., Johnson & Johnson ulta (China) Medical Equipment Co., Ltd. (herein referred to Johnson & Johnson) shall take effect from the date of the decision within ulta 10 days of compensation Appellant Beijing Rui Bang Yong and Trade Co., Ltd. (hereinafter referred to as "sharp state company") economic loss of 530,000 yuan, dismissed the remaining claims Rui state companies.
Year in March, Johnson ulta & Johnson Medical suture sales tender Rui state companies at Peking University People's Hospital, ulta held at the lowest quoted bid. In April, Johnson & Johnson staff Rui state's low bid behavior warning. In July, Johnson & Johnson to sharply cut prices by state company canceled its privately Fu Wai Hospital, Beijing ulta Plastic Surgery Hospital ulta of distribution rights. From August 15, Johnson & Johnson companies no longer accept ulta Rui state medical suture product orders. In September, Johnson & Johnson stopped completely suture products, delivery stapling products. In fact in 2009, Johnson & Johnson is no longer with the sharp sell state companies to renew the contract. Johnson & Johnson to modify the distribution agreement after 2009, gave up the minimum resale price limit has always been. Rui state companies in cooperation with Johnson & Johnson 15 years, involved in medical sutures product prices remain basically unchanged.
Rui state companies refused to accept, ulta on May 28, 2012 filed an appeal, the High Court has in Shanghai August 30, 2012, October 30, 2012, January 21, 2013 hearing three times, Rui state and Johnson & Johnson In court launched a new round of war of words, and were commissioned by the Foreign Economic and Trade University Professor Gong Jiong, a professor at Shanghai University of Finance and Tan Guofu two well-known economists ulta to provide expert advice to the court. Lawsuit are highly concerned about the industry at home and abroad, known as "China's ulta first vertical monopoly case."
Shanghai Higher People's Court after hearing that the case should apply controversial "anti-monopoly law," the appellee in 2008, "Distribution Agreement" and restrictions established by Annex minimum resale price terms relevant market in this case had to eliminate or restrict competition effects, while there is no obvious effect sufficient to promote competition, constitute "anti-monopoly law," the provisions of Article XIV of the monopoly agreement. Appellee to appellant in violation of minimum resale price agreements restrict the behavior of the penalty, and after a series of stop suture product availability acts are "anti-monopoly law" prohibits monopolistic behavior, shall cause the appellant's economy to its monopolistic behavior liable for the loss, but its scope should be limited to compensation for the appellant in 2008 due to a decrease in product sales decrease ulta stitches normal profits, the amount of damages the court asserted its subject to adjustment in accordance ulta with law, considering the sales prices of other brands ulta in the same industry, ulta the relevant tax and other factors. Other losses appellant ulta lacks factual and legal basis for the court not support it. Accordingly, the court of cassation, Johnson & Johnson should be the date of entry into force of the decision within 10 days of compensation Rui state economic losses 530,000 ulta yuan, dismissed the remaining claims Rui state companies.
Before taking part in "The Second China Forum on Competition Policy," the well-known experts in antitrust ulta law, the State Anti-Monopoly Committee, deputy head of the expert advisory group, Professor ulta Huang Yong, director of Competition Law Centre at Foreign Trade University, said upon learning the verdict content: "This is a historic landmark judgment, a judgment of more than 44,000 words, more than half the length of the theory permits incisive said, indicating that after the United States, European Union, Chinese anti-monopoly law in the adjudication of cases the courts not only have adequate professional capacity, ulta but has developed a judicial philosophy with its own characteristics. "
Foreign Economic and Trade University Professor Gong Jiong believes Johnson ulta suture ulta products in the Chinese market prices basically unchanged for 15 years, the Department of Johnson & Johnson to take the results of intertemporal price discrimination strategy to its suture products. That is, there are market forces producers by identifying different prices at different times to the consumers into different combinations with different demand function, ulta overcharged to consumers through early, so those who buy and strong consumer spending first, then along the demand curve gradually cut prices to attract mass consumption. Manufacturers early trading by single high-gain high profits by trading scale late to profit. This limitation resale price of Johnson & Johnson's behavior, leading to artificially raise the price of the product, greatly reducing the consumer surplus, total social welfare losses.
For two different interpretations of economic experts, the reporter interviewed the presiding judge in this case, the Shanghai Intellectual Property ulta High Court Court Vice President Ding Union. He said that the expert witness is necessary in monopolistic practices, the court fully considered the views of two experts. Full Court concluded that, although described as Johnson & Johnson, medical sutures market constantly adding new brands, but Johnson could easily respond to competitive prices ulta to remain unchanged for 15 years, Johnson & Johnson fully explain their products with strong sutures pricing power, ulta lack of elasticity of demand for the product concerned and the consolidation of the Johnson & Johnson more pricing power. This is, for comprehensive ulta consideration of the court, "the adequacy of competition in the relevant market" and "Johnson & Johnson in the relevant market is a strong market position," two factors are very important.
Waugh Chinese medicine equity investment projects are ink by 260 million yuan of funds Interest living green thin Marketing Team Secret: Training 1 hour to become experts Mayinglong prescription drug retail pharmacies cake bigger and the small three loss-making "Drug Registration" amendment ( Draft) Draft died of drug distribution reform program is the only low-cost model will continue to take more than one brand of milk containing contraceptives Taiwan plasticizer Development ulta and Reform Commission will discuss the work of medicine prices in 2014 changed the idea to seek change in the world price of COPD Day: Experts call attention to COPD respiratory health of our self-developed anti-cancer products available ulta quantitative detection of environmental non-compliance Hisun been discontinued
