Starting next year, send back the deduction, supplies bundled equipment fined up 10 times, may also be hanging card

Pharmaceutical News November 6 hearing the latest news, the NPC Standing Committee on November 4 voted to adopt the newly revised Anti-Unfair Competition Law, which is the first revision of the law in more than 20 years. The revised Anti-Unfair Competition Law will be self January 1, 2018 into effect.

Commercial bribery is the key regulation of unfair competition law.

This time, the targets of commercial bribery were further clarified, including staff of counterparties in the transaction, units and individuals entrusted by the counterparty of the transaction, and entities and individuals that use their power or influence to influence the transaction.

It is also newly stipulated that bribery conducted by staff members of an operator shall be regarded as an undertaking unless the undertaking can prove that bribe-taking by staff members has nothing to do with seeking business opportunities or competitive advantages for the undertaking.

In addition, the administrative penalties for bribery have become heavier.

The revised Anti-Unfair Competition Law stipulates that if the operator bribes others, the supervision and inspection department shall confiscate the illegal gains and impose a fine of not less than 100,000 yuan but not more than 3 million yuan on the case of serious violation of the business license. criminal responsibility.

And before the revision of the standard is: operators bribery, constitute a criminal shall be held criminally responsible; does not constitute a crime, the supervision and inspection departments may be punished according to the circumstances of the 10,000 yuan more than two hundred thousand yuan fine, illegal income, to be Confiscated.

Medical consumables bundled equipment sales of this behavior, but also by industry and commerce as suspected of commercial bribery.

SAIC recently issued "on the further strengthening medicine Notice of investigation and handling of cases of unfair competition in the field "explicitly stated that" severely punish unfair competition in commercial bribery, such as leasing, donating, putting on equipment and other forms, bundling consumables and supporting equipment sales. "

Consumables bundled equipment sales, not only has become the focus of remediation object, next year, the fine has also risen business! enterprise May also be hanging certificate!

For 'rebate', the revised anti-unfair competition Regulations In the trading activities, the manager may explicitly pay the counterparty to the transaction or pay commissions to the intermediaries, and if the operator pays a discount to the counterpart of the transaction and pays commission to the intermediary, the operator shall record the discount as commission. Operators should also be credited credited.

This does not change from the previous rule. The rebate "stated in the account" is not a bribe.

However, according to the revised Anti-Unfair Competition Law, the "off-balance-sheet" rebate behavior is considered a commercial bribery, the administrative penalties faced, and the pre-amendment penalties standard In contrast, it is also a fine rose, serious cases are hanging certificate.

Note again that the revised Anti-Unfair Competition Law has added a new rule that operators engaged in unfair competition in violation of the provisions of this Law and subjected to administrative penalties shall be credited by the supervisory inspection department to their credit records and in accordance with relevant laws and administrative regulations Provisions to be publicized.

For businesses and individuals who have paid bribes and been subject to administrative sanctions, there is one more disciplinary measure: credit blacklists.