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China amends, clarifies law addressing commercial bribery

Jaclyn Jaeger | February 13, 2018

For the first time in more than two decades, Chinese regulators have amended the Anti-Unfair Competition Law, giving companies more clarity on what constitutes commercial bribery, while introducing increased compliance risk, as well.

On Jan. 1, the new version of China’s Anti-Unfair Competition Law (AUCL) took effect, marking the first technical changes to the law since its implementation in 1993 and drawing on lessons learned over the past two decades. Although the main purpose of the AUCL is to regulate unfair competition, it’s also China’s main statute for addressing commercial bribery.

Revisions to the AUCL are separate and distinct from the anti-corruption campaign of the Communist Party leadership, which began in 2012 and has been targeting almost exclusively party and government officials, members of the armed forces, and executives at state-owned enterprises. “The changes made to the Anti-Unfair Competition Law are another step in this longstanding effort to...

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