单轴双层轴辐协议的形成机制与竞争政策

The Formation Mechanism and Competition Policy for Single Hub and Two-Layer Spoke Agreement

通过研究轴辐协议有关案例,发现轴心经营者不仅可以组织、帮助单层辐条经营者达成垄断协议,还可以同时组织、帮助双层辐条经营者达成垄断协议。进而通过构建供应商、经销商与零售商之间博弈模型,分析发现企业更有动机发起相较于单层轴辐协议更稳定性的单轴双层轴辐协议。通过典型案例研究,发现在集中采购制度下,同一经销商与原料药生产企业和成品药企业更有动机达成单轴双层轴辐协议。在此基础上,从轴辐协议角度提出了完善相关反垄断立法和加强反垄断执法的建议。

Through the case study of hub and spoke agreement,it is found that the undertaking in the hub can not only coordinate the undertaking in the one-layer spoke but also coordinate the undertaking in the two-layer spoke to reach a monopoly agreement at the same time.By constructing the game model among suppliers,distributors and retailers,it is found that enterprises have stronger incentives to initiate the single hub and two-layer spoke agreement,which is more stable than the general hub and spoke agreement.Through the typical case study,it is also found that under the centralized procurement system,the distributor is more likely to reach a single hub and two-layer spoke agreement with the active pharmaceutical ingredients(APIs)manufacturer and the pharmaceutical manufacturer.On this basis,it is suggested that the legislation and the anti-monopoly law enforcement should be strengthened and improved by the hub-and-spoke agreement especially the single hub and two-layer spoke agreement.