China News Service, November 17. In order to give full play to the role of typical cases in warning education and guide operators to consciously abide by the law and participate in fair competition in the market, on the 17th, the State Administration for Market Regulation announced a number of typical cases of unfair competition in commercial bribery.
It mentioned that as the investigation and punishment of commercial bribery cases continues to increase, some pharmaceutical companies have adopted more covert and complex means to put a "legal cloak" on their bribery behavior.
The case shows that in May 2020, Hefei Basen Medical Technology Co., Ltd. signed an agreement with the Otolaryngology Department of a county people's hospital to pay scientific research expenses so that the orthotic ear models it operates can be promoted and sold in the county people's hospital. The period is from June 2020 to August 2021.
During this period, Basen sold a total of 178 corrective ear models in the county hospital, and Bai, a staff member of Basen, paid 35,000 yuan in cash to the ENT Department of the county hospital in two installments.
The behavior of the otolaryngologist of the County People's Hospital accepting the sponsorship fee from Besien has been transferred to the discipline inspection department of the hospital for further verification and disposal.
Hefei Beisien Medical Technology Co., Ltd. was confiscated of 290,900 yuan of illegal income and fined 300,000 yuan.
Another typical case shows that at the beginning of 2015, in order to obtain a drug promotion commission from a pharmaceutical manufacturer, Hangzhou Jianning Pharmaceutical Technology Co., Ltd. and Wang, a staff member of the Pharmacy Department of a People’s Hospital of a certain county, agreed that Wang would be responsible for distributing certain injections and certain drugs. The capsules were operated into the hospital and continued to purchase, and Jianning Pharmaceutical paid Wang a rebate according to a certain percentage of the hospital's drug purchase price.
From 2015 to June 14, 2019, through the operation of Wang, the hospital purchased a total of 28,924 bags of a drug injection and 6,760 boxes of a capsule, with a total purchase amount of 3.7178 million yuan.
Jianning Pharmaceutical paid a total of 1.4481 million yuan in kickbacks to Wang through employees, and Jianning Pharmaceutical actually obtained 1.5055 million yuan in illegal income.
Hangzhou Jianning Pharmaceutical Technology Co., Ltd. was confiscated of 1.5055 million yuan of illegal income and fined 300,000 yuan.
(China New Finance and Economics)