Published on 08 Mar 2016 • China |
“Commercial bribery means a business operator giving or promising to give an economic benefit to the other party in a transaction, or to a third party that can influence the other party in a transaction, to induce them to solicit for the business operator a transaction opportunity or competitive advantage. Giving or offering to give an economic benefit constitutes giving a commercial bribe; accepting or agreeing to accept an economic benefit constitutes accepting a commercial bribe".(Article 7, 2016 Draft Anti-unfair competition Law)
If the employee of a business operator solicits a transaction opportunity or competitive advantage for that business operator, the act shall be deemed to have been carried out by the business operator. If there is evidence that the staff member committed bribery against the interests of the business operator, the act shall not be deemed to have been carried out by the business operator. (Article 7, 2016 Draft Anti-unfair competition law)