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国家工商局《关于禁止商业贿赂行为的暂行规定》第二条指出:“本规定所称商业贿赂,是指经营者为销售或购买商品而采用财物或者其他手段贿赂对方单位或者个人的行为。”商业贿赂指为使自己在销售或购买商品或提供服务等业务活动中获得利益,而采取的向交易相对人及其职员或其代理人提供或许诺提供某种利益,从而实现交易的不正当竞争行为。商业贿赂在医疗领域表现为医药购销中为占领市场份额给予回扣或好处费。
According to Article 2 of the Provisional Regulations of the State Administration of Industry and Commerce on the Prohibition of Commercial Bribery, the term “commercial bribery” as mentioned in these Provisions refers to the act of bribery of the other party’s entity or individual by the use of property or other means by the operator to sell or purchase the commodity.” Commercial bribery refers to the unfair competition offered to the counterparty of the transaction and its employees or their agents to provide certain benefits for the benefit of the business activities such as selling or purchasing goods or providing services. behavior. Commercial bribery appears in the medical field as a rebate or premium for occupation of market share in the purchase and sale of medicines.