Legal Thinking Of The GlaxoSmithKline Commercial Bribery Case

On June 28, 2013, the official blog of Changsha public security bureau said that several alleged senior of Chinese subsidiary of Glaxo Smith Kline are suspect of being involved in economic crimes. In a short period of time, this news is reported by different major medias. According to the information given by Changsha public security bureau, Glaxo Smith Kline takes cash through travel agency and many other channels, then offer bribe to government officials, the pharmaceutical association, the hospital and doctors, so as to realize the purpose of increasing sales and pushing up prices of goods. As the world’s leading pharmaceutical company, the case of Glaxo Smith Kline commercial bribery causes condemn from people around the country.In recent years, Chinese market economy has amazing development, the competition between businesses intensifying hardly, so the commercial bribery spreads also in quietly. Even if our country called for cracking down on commercial bribery, but the commercial bribery is always hard to remove off, instead more secretive. So study the countermeasure of commercial bribery is a reality task. The author selected a typical case as a breakthrough point, using the anti-unfair competition law as an angle to analyze the case, so as to summarize the problems of the Glaxo Smith Kline case from the analysis, and put forward some related countermeasures about the reflected problems, finally provides some useful experiences to deal with similar events. The paper is constituted with four parts:The first part: this part is the introduction to Glaxo Smith Kline commercial bribery case. Based on the review, show some details of the commercial bribery case, and this can prepare for subsequent analysis.The second part: this part is to analyze and define the behavior of Glaxo Smith Kline commercial bribery, the purpose is to prove how Glaxo Smith Kline behavior conform to commercial bribery of anti-unfair competition law. First of all, make sense of the concept of commercial bribery, because there is not clear concept about commercial bribery in relevant laws and regulations of the commercial bribery, how to understand the concept of commercial bribery is an important premise to analyze the case; Secondly, since the event of Glaxo Smith Kline has serious damage to our market order and the anti-unfair competition law, so subsequently the paper will analyze the behavior of Glaxo Smith Kline commercial bribery from the basic elements of commercial bribery mainly.The third part: puts forward relevant countermeasures to deal with similar event like Glaxo Smith Kline. First of all, legislator would be try their best to perfect the anti-unfair competition law, to define the concept of commercial bribery, and enrich the relationship between briber and bribe, etc; secondly, dissolve the contradiction which caused by overabundant intervene and insufficient management, then give more power to enforcers, etc; thirdly, establish the internal management mechanism which could prevent the commercial bribery, change the sales mode, perfect the internal supervision, and improve staff quality, etc; fourthly, strengthen the social supervision on management of commercial bribery, advocate the public supervision, and improve the transparency in case; fifthly, establish the medical system which against the commercial bribery, let medical system reform become one of the ways to govern commercial bribery in medicine industry.