A Reflection of the Case of Snow Beer:Misunderstanding the Essence of Commercial Bribery

As to the case of Snow Beer,administrations for industry and commerce regard the beer company's behaviors of providing cash and slotting allowances for its dealers as commercial bribery.The idea that understands commercial bribery from the angle of benefit seduction is not correct,because it confuses sales promotion,lottery sales and commercial bribery.The essence of commercial bribery is the exchange of interests stemming from functionary power,namely,the briber offers a bribe to the employees or agents who could influence the deal.Therefore,in order to avoid confusing commercial bribery and legal sales promotions,the anti-unfair competition law in China should identify commercial bribery from angles of offering a bribe and accepting a bribe,and regard the exchange of interests stemming from functionary power as an illegal standard.