Tsinghua China Law Review Publishes Article by William Rosoff, Jingli Jiang on Proposed Amendments to PRC Commercial Bribery Provisions

“The Proposed Amendments to China’s AUCL Commercial Bribery Provisions: Comments and Suggestions,” an article by Akin Gump Beijing partner in charge William Rosoff and cross-border transactions associate Jingli Jiang, has been published by Tsinghua China Law Review.

The article discusses efforts to better regulate the market through a draft amendment to China’s 1993 Anti-Unfair Competition Law (AUCL), which, the authors note, is “the major administrative legislation regulating various forms of unfair competition practices in China, including commercial bribery, product counterfeiting, monopoly power abuse, misleading commercial advertising and commercial secrets violations.”

The draft amendment, according to Rosoff and Jiang, aims, presumably, “to adapt the law to current market conditions and address new issues that have emerged in the past two decades…[and] to clarify the current law and eliminate inconsistencies between the AUCL and other overlapping legislations, such as the Anti-Monopoly Law, the Trademark Law, and the Advertisement Law.”

The authors describe and discuss the draft amendments to the commercial bribery clauses, compare them to U.S. domestic commercial bribery laws and propose “potential improvements” based on the comparison.

To read the full article, please click here.