Relevant Market Definition of Reverse Payment Agreements under the Drug Patent Link

In the drug market, whether a patient uses a certain drug is affected by many factors such as doctors, prices, and medical insurance. The application of traditional relevant market definition methods is difficult. Based on the experience of the United States and the European Union, the market definition of the reverse payment agreement under the drug patent link has not been completed to comply with the traditional definition method. In the future, the definition of the market related to reverse payment agreements under the drug patent link in our country should first be based on drugs with the same composition and the same efficacy as the standard, and the scope should be initially defined, and then further screening based on the substitutability standard, so as to take into account the system design and the actual state of competition, properly handle anti-monopoly law disputes.