China proposes new rules to address perceived anti-competitive practices n the pharmaceutical industry* On 14 August 2017, the National Development and Reform Commission (“NDRC“) released a draft of the Guidelines on Pricing Conduct by Business Operators for Drugs in Shortage and Active Pharmaceutical Ingredients (“Draft Guidelines“). NDRC is seeking comments on the Draft Guidelines until mid-September. One day later, NDRC made public the full text of its decisions against two local companies for excessive pricing and refusal to supply active pharmaceutical ingredients (see here and here), confirming its determination to use antitrust as a key enforcement tool in the pharmaceutical industry. Background The Draft Guidelines are a set of rules implementing the Anti-Monopoly Law

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