Competition Concerns and Antitrust Responses to China's Health and Medical Data Openness Policy

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 의생명과학과법 / 32권 / 65 ~ 96페이지
· 저자명 : 레이하오난, 우중쩌

초록

As a policy trend in many jurisdictions around the world, health care data openness can effectively improve the level of public governance, drive innovation in the medical industry, and promote market competition in the medical industry to a certain extent. However, the process of opening up health care data often comes with the risk of competition. First, the opening of health care data may lead to more efficient and stable collusion in reaching and implementing collusion. Second, the opening of health care data will also lead to more exploitative and exclusive abuse in the health care industry. Third, the opening of health care data will also lead to the frequent occurrence of data-driven and leveraged mergers and acquisitions risks. In order to effectively eliminate competition risks, China should propose new anti-monopoly countermeasures. On the one hand, China should strengthen the legislative regulations on the opening of health and medical data, including the regulation concept of monopoly agreement should be adjusted from information transparency to the implementation of classification and classification, and the regulation of abuse of market dominance should pay attention to the quantification of market power and the identification of specific behaviors, so as to include operators' commitments in the regulation of data-driven mergers and acquisitions. On the other hand, China also needs to introduce a full-chain regulatory system that combines the dual effects of competition advocacy and law enforcement, in the form of prior routine market investigations and fair competition reviews, as well as a flexible in-process and after-action regulatory approach. In addition, it is also necessary for China to build a coordinated regulatory model across multiple departments. On the basis of emphasizing the fundamental position of competition policy, we should make full use of the power of social supervision to regulate the restrictive competition behavior in the process of health and medical data opening in a more comprehensive way, and improve the safety and innovation of health and medical data opening to the greatest extent.

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