2025. 5. 16

Recently, the Shanghai Municipal Administration for Market Regulation released the accompanying case precedents for the "Compliance Guidelines for Preventing Commercial Bribery Risks by Pharmaceutical Enterprises."
The "Accompanying Case Precedents" aim to prevent commercial bribery in the pharmaceutical sector and strengthen compliance management. Based on practical experience, they carefully selected typical cases of violations and aligned them with the corresponding chapters and provisions of the "Guidelines," covering nine key scenarios in the procurement and sales processes of pharmaceutical products.
The case analysis clarifies the boundary between commercial bribery and ordinary transactions, exposing illegal practices such as "off-the-books rebates" and "profit returns disguised as donations." Additionally, it provides recommendations from the perspectives of establishing compliance frameworks, risk identification, and early warning mechanisms.