On Commercial Bribery Law Presumption

Commercial bribery is a term in the context of Competition Law.Generally, it refers to the acts that a competitor in the market givingbribes to another party with the purpose of acquiring businessopportunities.The interests harmed by commercial bribery include the marketsystem, interests of other fellow competitors who do not give bribes andthe interests of the consumers.Commercial bribery is so common in China that it has become somekind of "rule" in the market. Though China has endeavored to cure theproblem, a clear definition of the term "commercial bribery" is theprecondition. Only with a clear definition of commercial bribery, can weenforce the law correctly.This article intends to contribute to the precise definition ofcommercial bribery based on the analysis of current laws and regulationsin China, most frequently argued cases and the related legislation inforeign countries.This article analyzed the structural elements of commercial bribery,i.e., the scope of the bribers, the bribees and the methods. This article alsogives the readers a side view of commercial bribery by comparison ofrelated acts, such as discount, commission, raffle and premium sales.