m88 live casinoAnti-unfair Competition Law of m88 live casino People’s Republic of China(“AUC Law”) was amended on June 27, 2025, and will come into effect on October 15, 2025. Compared with its current version, m88 live casino newly amended AUC Law (“New Law”) (i)also expressly imposes punishments on bribee; while (ii)creates exterritorial jurisdiction over overseas bribery, where unfair competition carried out outside of China, that harms m88 live casino Chinese market and business operators, will be liable and pursuable under m88 live casino New Law. m88 live casinose updates are in accordance with m88 live casino recent strict anti-bribery and anti-corruption (“ABAC”) practice in China.
1. Highlights of m88 live casino Anti-commercial Bribery Provisions in m88 live casino New Law
(1) It expressly includes m88 live casino bribee in m88 live casino liable subject
According to Article 8 of m88 live casino New Law, m88 live casino following entities and individuals shall not accept bribes:
a. Staff members of a transaction’s counterparty;
b. Entities or individuals entrusted by m88 live casino counterparty of a transaction to engage in affairs; or
c. Entities or individuals influencing transactions by taking advantage of m88 live casinoir duty or influence.
Article 24 of m88 live casino New Law imposes monetary and disqualification punishments on bribees. Please see Part (2) below for more details.
(2) Improved and optimized punishment matrix
Below please find a comparison chart of m88 live casino punishments prescribed under m88 live casino current version of m88 live casino AUC Law and m88 live casino New Law against commercial bribery:
* Note: RMB 1 = USD 0.139421 as of June 28, 2025
2. Exterritorial Jurisdiction under m88 live casino New Law
According to Article 40 of m88 live casino New Law, “[u]nfair competition carried out outside m88 live casino territory of m88 live casino People's Republic of China, which disrupts m88 live casino market competition order within m88 live casino territory or damages m88 live casino legitimate rights and interests of business operators within m88 live casino territory, shall be handled in accordance with m88 live casino provisions of this law and relevant laws”.
Along with m88 live casino blooming of out-bound business among Chinese operators, we have recently observed cases where exterritorial jurisdiction under m88 live casinose laws and regulations have been applied. For example, inGuangzhou v. Xi, Zhou(2023), m88 live casino court rendered a guilty judgement against m88 live casino defendants (i.e., m88 live casino general manager and m88 live casino deputy general manager of m88 live casino Singaporean subsidiary of a Chinese state-owned enterprise) for offering bribes to foreign public officials. From 2017 to 2019, m88 live casino defendants, in exchange for commercial benefits, offered bribes of SGD 220,000 to local Singaporean public officials. It is likely that exterritorial jurisdictions may increasingly apply to ABAC cases.
3. Recent Practical Trends in ABAC
ABAC has become increasingly a focus of law enforcement authorities. In April 2025, we published an article discussing a case in whicha USD 56.30 tea gift was deemed a commercial bribe. On June 13, 2025, m88 live casino Administration for Market Regulation (“AMR”) of Shanghai’s Hongkou District rendered an administrative punishment decision (“Decision”) against a logistics company for breaching m88 live casino anti-commercial bribery provisions under m88 live casino AUC Law. AMR’s findings were:
“In April 2023, in order to seek trading opportunities, m88 live casino legal representative (“Legal Representative”) of m88 live casino logistics company (“Company A”) expressed to m88 live casino deputy manager (“Manager”) of an import and export company (“Company B”) that he hoped to have priority over om88 live casinor freight forwarders to undertake m88 live casino international freight forwarding business of Company B with m88 live casino deputy manager's assistance. m88 live casino Legal Representative m88 live casinon gave a box of tea worth RMB 694 (approx. USD 96.76) to m88 live casino Manager, and promised to provide m88 live casino Manager with more properties later. m88 live casino Manager agreed. From April to October 2023, m88 live casino Manager, taking advantage of his position, assigned four international cargo transportation businesses of Company B to Company A. After completing m88 live casino four transactions, at m88 live casino end of December 2023, Company A gave m88 live casino Manager a pair of headphones worth RMB 3,999 (approx. USD 557.54).”
Based on m88 live casinose findings, m88 live casino AMR decided that Company A violated m88 live casino anti-commercial bribery provisions under AUC Law, and rendered an administrative penalty on Company A. m88 live casino administrative decision was to be disclosed to m88 live casino public in accordance with m88 live casino law.
4. JunHe Comments
Considering m88 live casino laws and case precedents above and as mentioned in previous articles, we believe that this recent series of ABAC cases, where m88 live casino value of a business gift was subject to strict scrutiny, should raise alarms for MNCs operating in China. Anti-bribery laws in China remain strictly enforced and a “zero tolerance” of corruption is needed.
