In mid-August 2013, China’s State Administration for Industry and Commerce (“SAIC”) announced a three-month nationwide campaign against unfair competition practices, including commercial bribery, trademark infringement and false advertising.
From August 15, 2013 until the end of November 2013, the campaign will target the elimination of commercial bribery in particular business sectors, including the sale and purchase of medical products, provision of healthcare services.
During the campaign, enforcement against commercial bribery will be focused not only on parties giving bribes, but also on parties accepting bribes. Local AICs are required to take whistleblower reports seriously, and to investigate and conclude “exemplary” and “significant” cases. Furthermore, local AICs will engage in intra-agency collaboration, exchanging information and transferring cases across different AIC jurisdictions.
According to SAIC, this campaign is launched in light of the 20th anniversary of the promulgation of the PRC Anti Unfair Competition Law; this has been important legislation which first defined commercial bribery and other unfair competition practices. Through this campaign SAIC also intends to gather experience and information for upcoming amendments to this law.
Companies are well advised to consider now compliance structural changes and to take a fresh look at a rapidly changing landscape in China.
If you have any questions regarding this update, please contact the Sidley lawyer with whom you usually work.
Sidley has a powerful, fully integrated life sciences practice serving multi-national pharmaceutical, biotechnology, medical device and food companies in every aspect of their business operations in China. Sidley’s Foreign Direct Investment, general Commercial, Corporate, M&A/Joint Venture, Antitrust, FCPA, Licensing, IP, provincial government work, as well our Regulatory practice permits us to serve virtually every legal need of our life sciences clients in China.
Sidley is the first international law firm to establish a stand-alone, comprehensive food and drug regulatory practice in China. As an integral part of our Global Life Sciences practice, we bring our knowledge of industry practices in the U.S. and EU to each project in China and help develop global Standard Operation Procedures (SOPs) and benchmark best practices.
For further information on the China Life Sciences Practice, please contact:
Chen Yang +86.10.6505.5359
Zhengyu Tang +86.21.2322.9318
Yuet Ming Tham +852.2509.7645
Joseph Chan +86.21.2322.9328
On three continents, Sidley’s Global Life Sciences Practice team offers coordinated cross-border and national advice on Food, Drug and Medical Device Regulatory, Life Sciences Enforcement, Litigation and Compliance, Healthcare Regulatory, Products Liability, Intellectual Property, Corporate and Technology Transactions, Securities and Corporate Finance, International Trade and Arbitration, FCPA/Anti-Corruption, Antitrust/Competition, Environmental/Nanotechnology.
Globally rated as one of the top life sciences practices, our team includes former senior government officials, medical doctors and leaders in various life sciences fields.
For further information on the Global Life Sciences Practice, please contact:
Scott Bass +1.202.736.8684 +1.212.839.5613
James C. Stansel +1.202.736.8092
Michael W. Davis +1.312.853.7731
Paul E. Kalb, M.D. +1.202.736.8050
M. Patricia Thayer +1.415.772.7469 +1.650.565.7569
David J. Zampa +1.312.853.4573
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This Sidley Update has been prepared by Sidley Austin LLP for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers.
As an international law firm, Sidley has been approved and licensed by the Ministry of Justice of the PRC as a foreign law firm qualified to provide legal services in the PRC. However, under existing PRC regulations, lawyers in our Mainland China offices can provide information regarding the impact of the PRC legal environment but are not permitted to render formal opinions in respect of PRC law.
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