“健康中国”视域下药品零售不当促销现状的原因分析(下)

Cause Analysis on the Current Situation of Improper Promotion in Drug Retailing from the Perspective of "Healthy China"(Ⅱ)

药品零售不当促销频频且形式多样,附赠式有奖销售、搭配销售现象普遍;零售药店随意销售处方药成为常态,处方药、甲类非处方药买赠多发甚至欺诈促销也时有发生;连锁零售药店的不当促销发生频率较单体零售药店更高;大型医院附近的零售药店的促销相对较为规范。零售药店唯销量业绩的考核模式和准入门槛低是其不当促销的重要原因,其行为违反了《反不正当竞争法》,扰乱了零售药业的市场秩序;强化零售药店监管的法律规范体系,提高行业准入门槛和从业人员专业标准,提升消费者维权意识,增加维权救济途径,乃解决药品零售业不正当竞争的根本途径。

Promoted by medical system reform, the relationship between the benefit maximization of drug retailers and the drug safety for consumers is becoming increasingly close. Driven by economic interests, improper sales promotion activities of drug retailing occur frequently and take various forms. Premium sales and collocation sales are common. It has become the norm for retail pharmacies to sell prescription drugs at will. Prescription drugs,class-A over-the-counter drugs are sold with some additional gifts, and even fraudulent promotional behaviors also occur from time to time. Based on the overall operation model of chain retail drugstores, the occurrence of improper promotion behavior of chain retail drugstores is higher than that of individual retail drugstores. In contrast, retail pharmacy promotions near large hospitals are relatively standardized. Thsales performance assessment model and low entry threshold of retail drugstores are the important reasons for their improper promotion behavior, which violates The Anti-unfair Competition Law and disturbs the market order of retail pharmaceutical industry. Therefore, the fundamental ways to solve the unfair competition in drug retail industry are: strengthening the legal system for regulating retail pharmacies, raising the threshold for entry into industries and raising the professional standards for employees, promoting customers' right-protection awareness, and fortifying relief approaches of right-protection.