Commercial bribery refers to the unfair competition behavior that operators secretly give property or other benefits to the relevant personnel of the counterparty and other relevant personnel who can influence the transaction for the purpose of excluding competitors, but it is different from other forms of bribery. In view of commercial bribery, Article 8 of the Anti-Unfair Competition Law stipulates that business operators shall not use property or other means to bribe to sell or buy goods. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; If the other unit or individual secretly accepts kickbacks outside the account, it shall be punished as accepting bribes. When a business operator sells or buys goods, he can give the other party a discount in an express way and can give a commission to the middleman. If the operator gives the other party a discount or a commission to the middleman, it must be truthfully accounted for.
Typical commercial bribery case in China:
Case 1: Commercial bribery case of Dalian Peihua International Logistics Co., Ltd. Shanghai Branch
During the course of 11 freight forwarding business with related companies from May 2118 to August 2118, the parties adopted the method of giving personal benefits to related companies as a means to increase their turnover, involving a total turnover of 152,227.75 yuan.
Jing' an Branch ordered the parties to make corrections and fined them RMB 151,111.
Case II Commercial Bribery Case of Shanghai Haizhongzhou shenjiamen Fishing Port Co., Ltd.
In 2117, the parties began to contract the business of abalone wings to Guo, and reached a supplementary agreement with Guo, accepting the promotional expenses of RMB 5,556.5 yuan that Guo gave to the waiter who promoted the abalone wings in addition to the monthly share, which was not truthfully recorded.
Yangpu Branch ordered the parties concerned to make corrections, confiscate their illegal income of 5,556.5 yuan and impose a fine of 11,111 yuan.
Case III Commercial Bribery Case of Beijing Danqing Huarui Trade Co., Ltd.
After paying the relevant personnel of the other unit RMB 13,111, the parties realized the sales performance of measuring instruments of RMB 136,111 sold to an engineering headquarters of the navy, and the illegal income was RMB 28,256.47.
Zhabei Branch ordered the parties to make corrections and confiscated their illegal income of 28,256.47 yuan.
Case 4 Commercial Bribery Case of Shanghai Zhengmao International Logistics Co., Ltd.
In order to increase the business volume of international freight forwarding, the parties reached an oral agreement with three people, including Shi Zhenhua (handled separately), to pay 2% cash "rebate" for the services provided by the above three people. Since October 2118, the client * * * made a profit of RMB 21,188.95 from the business provided by the above three people, and paid the cash to the three people as agreed, which was not recorded truthfully.
Hongkou Branch ordered the parties concerned to make corrections, confiscate their illegal income of 21,188.95 yuan and impose a fine of 11,111 yuan.
Case 5: Shi Zhenhua Accepting Commercial Bribery from Others
At the end of October 2118, the parties reached an agreement with Shanghai Zhengmao International Logistics Co., Ltd. to "refund the commission" by 2%. From October 2118 to July 2118, the parties * * * provided Shanghai Zhengmao International Logistics Co., Ltd. with international freight forwarding business of RMB 144,685.67, and received the cash rebate from the company as agreed.
Hongkou Branch ordered the parties to make corrections and confiscated the illegal income of 3,111 yuan.
Case 6 Commercial Bribery Case of Shanghai Shenzhou Business Hotel Co., Ltd.
In order to expand the business guest market and gain more trading opportunities, the parties pay cash to other competitive hotel sales managers or travel agency leaders as kickbacks in the name of "commission" according to the number of rooms and days they stay in. From April to September, 2118, the client paid 46,712 yuan to the relevant employee, and realized the room income of 226,531 yuan.
Xuhui Branch ordered the parties to make corrections and imposed a fine of 51,111 yuan.
Case 7 Commercial Bribery Case of Shanghai Shengda Medical Insurance Co., Ltd.
In the process of selling self-made disposable dental instrument boxes to Yangpu District Dental Clinic and Yangpu District Central Hospital, the parties secretly paid cash bribes of RMB 138,172.6 and RMB 11121 to the dental clinic and the hospital in the name of "service fee, conference fee and sponsorship fee".
Yangpu Branch ordered the parties to make corrections and imposed a fine of RMB 11111.
Case 8 Commercial Bribery Case of Shanghai Maliang Advertising Co., Ltd.
From the end of 2117 to the beginning of 2118, the parties paid 23,111 yuan in cash to shanghai everbright convention, Huaihai International Plaza Property Department and other relevant personnel to obtain the advertising light box business of underground garage for six years. The above cash bribes were directly offset by various catering invoices by the salesmen of the parties.
Xuhui Branch ordered the parties to make corrections and imposed a fine of 51,111 yuan.
Case 9: Commercial Bribery Case of Shanghai Yihe Book Co., Ltd.
For the purpose of selling teaching materials, the parties paid bribes to three staff members (both sentenced), including Shanghai TV University and Shanghai University of Science and Technology, for many times, * * * totaling 153291 yuan.
Yangpu Branch ordered the parties to make corrections and imposed a fine of 51,111 yuan.
Case 11: Gan Renyong's commercial bribery case
As the business manager of an international freight forwarding company, the party concerned handed over the freight business of his own unit to other freight companies in order to receive kickbacks, and withdrew the kickbacks of 38,111 yuan according to 4% of the business amount.
Further reading: How to buy insurance, which is better, and teach you how to avoid these "pits" of insurance.