Commercial bribery refers to the unfair competitive behavior that the operator secretly gives property or other benefits to the relevant personnel of the counterparty and other relevant personnel who can influence the transaction for the purpose of excluding competitors, in order to gain trading opportunities. It is a form of bribery, but it is different from other forms of bribery.
 As for commercial bribery, the Anti Unfair Competition Law stipulates that operators shall not use property or other means to bribe to sell or purchase goods. Whoever secretly gives rebates to the other party's units or individuals outside the account shall be punished as offering bribes; If the other party's unit or individual secretly accepts kickbacks outside the account, it shall be punished as taking bribes.
 When selling or buying goods, an operator may explicitly give a discount to the other party and may give a commission to the intermediary. Business operators who give discounts to the other party or commissions to intermediaries must truthfully enter them into their accounts.
 [Legal Basis]
 According to Article 7 of the Law of the People's Republic of China on Anti unfair Competition, operators shall not bribe the following units or individuals with property or other means to seek trading opportunities or competitive advantages:
 （1） Staff of the counterparty;
 （2） The unit or individual entrusted by the transaction counterpart to handle relevant affairs;
 （3） Units or individuals that use their power or influence to influence transactions.
 In the course of trading activities, an operator may explicitly pay a discount to the trading counterpart or a commission to an intermediary. Operators who pay discounts to trading counterparts and commissions to intermediaries shall truthfully enter them into their accounts. Operators accepting discounts and commissions shall also truthfully enter them into their accounts.
 If a staff member of a business operator makes a bribe, it shall be recognized as an act of the business operator; However, unless the business operator has evidence to prove that the behavior of the staff member has nothing to do with seeking trading opportunities or competitive advantages for the business operator.