What is commercial bribery?

Commercial bribery is a form of bribery, but it is different from other forms of bribery. (Anti-unfair Competition Law) stipulates commercial bribery from the perspective of anti-unfair competition, that is, commercial bribery is the act of unfair competition first. This is because, if operators buy and sell goods by bribery instead of reducing costs and improving quality, it will inevitably violate the principle of competition, distort market relations, damage the legitimate rights and interests of other operators, and constitute unfair competition.

The so-called commercial bribery refers to the act of bribing the other unit or individual with property or other means in order to sell or buy goods. Commercial bribery has three characteristics: (1) The subject is the operator, who plays a game with the other unit or individual. As the subject of commercial bribery, operators are not limited to legal persons, but also include other organizations and individuals. Legal persons are not limited to enterprise legal persons, but also include institutions and social organizations engaged in business activities. (2) the purpose is to sell goods or buy goods, that is, to achieve commercial purposes and gain a competitive position superior to other operators through bribery. (3) There are two means, namely financial means and other means. Of course, commercial bribery and other bribes belong to the category of bribery, and those who violate the criminal law are subject to criminal sanctions, but their administrative responsibilities are different. Commercial bribery is given administrative punishment by the administrative department for industry and commerce according to the Anti-Unfair Competition Law, while other bribes are subject to disciplinary action.