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▪ Alibaba fined USD 2.68 billion for abusing dominant market position in China
▪ China’s new “Blocking Statute” and the concerns it raised
▪ Survey result: how is bribery risk managed in China?
▪ China’s Administrative Punishment Law awards meaningful credits for compliance eff
▪ Salon | How Would the Sanction on Pompeo and Blocking Measures Impact Foreign Comp
▪ Fees to speakers: academic exchange or commercial bribery
▪ China’s Personal Information Protection Law (2)
▪ China’s Personal Information Protection Law (1)
▪ Reading Into China’s Export Control Law
▪ English Translation of Export Control Law of China
▪ China Issued Its List of Unreliable Entities
▪ Demystify Corporate Social Credit System in China
▪ China is deploying “Operation Skynet” to further “Fox Hunt”
▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million personal info
▪ Corporate Compliance Programs Evaluation Issued by US DOJ (Chinese Translation)
▪ The prospect is promising to commercialize Level-3 autonomous driving in China
▪ Intelligent and digital infrastructures are scheduled to accompany automatic vehic
▪ Will China illegalize VIEs?
▪ You cannot miss the gold rush under China's new Foreign Investment Law
▪ Classified Protection Under China's Cyber Security Law
▪ China is to fast-track law-making in autonomous driving
▪ What compliance obligations to meet to transfer data from within China?
▪ Chinese government uses digital forensics technology to dig bribery evidence
▪ A Chinese medical device distributor fined CNY 50,000 for bribing with Moutai
▪ How would Chinese E-commerce Law affect you (1)?
▪ Conflict between the culture and the Party’s rules: $70 gift money got a director
▪ "Excessive Pricing" from perspective of Competition Law
▪ Does China prohibit cross-border transfer of scientific data?
▪ Hypermarket Caesar jailed for ten years for giving “reward for go-between”
▪ How is environmental protection tax collected in China?
▪ China Redefined Bribery Anticompetitive in Nature
▪ China is to amend its Constitution
▪ Chinese government vowed to crack down on bribe givers more harshly
▪ China has its own Dodd-Frank; the award for whistleblower could be US$ 80K
▪ Chinese government may LIUZHI a suspect of wrongdoing
▪ Cooking clinical trial data is rampant and now criminally punishable in China
▪ 5th Viadrina Compliance Congress
▪ Does a compliance bird eat nothing?
▪ How Are Drugs Being Sold in China Despite the Anti-Corruption Crusading
▪ Chinese whistle-blower lauded while French boss fled out of China
▪ Life Sentence for Deputy Chief Justice of China
▪ Why Is Chinese Anti-bribery Law a Very Important Compliance Obligation?
▪ The Report on Corporate Compliance Management in China (2016)
▪ Use of "predictive coding" in eDiscovery document review…best friend or job replac
▪ Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve
▪ Corrupt Chinese drug administrators jailed or executed, whose family members ended
▪ Tone from the middle cannot be ignored
▪ Is bribing a Chinese doctor bribing an FCPA governmental official?
▪ Criminal and Administrative Liability under China's Competition Laws
 

Predictive Coding (AKA: algorithm assisted "text categorization") refers to the use of a software program to identify documents that are relevant or responsive to a particular case or issue, based on a review of test documents (or a population of "seed sets", "validation sets" and "training sets") by lawyers and subject matter experts. The computer assisted methodology involves a machine learning process and a combination of different algorithmic tools.




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International investors and businessmen often discover that fraud is not uncommon among their counterparts in China. There exists the perception among some foreign firms that the alleged fraud must be reported to the police in order to successfully resolve contractual fraud disputes. However, this is not always the ideal method and in fact may be detrimental to successful dispute resolution......




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In two corruption cases a decade apart, two governmental officials from the China Food and Drug Administration were heavily punished for taking bribes and endangering the lives of many Chinese Citizens.  Not only were they punished, so were their family members. Chinese Criminal Law provides that bribes taken by the family members of an official would be attributed to the amount of bribes taken by the official himself.



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This issue neatly summarises a significant problem faced by many organisations. Despite the best efforts of an organisation’s leadership, the message can become lost on its way to front line staff. That is why the focus for a robust compliance culture should not only be on the tone from the top, but also the tone from the middle.  


Specifically, it should be the role of middle management to; identify and communicate the compliance risks that arise in their areas of responsibility within the business; to encourage their staff to raise compliance concerns to the management team......



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In China bribes are often offered and accepted for the sale and procurement of medical devices and pharmaceuticals.  Doctors or managers of hospitals and clinics who accept bribes to buy, use, or recommend the Healthcare Products have been known to prescribe or even over-prescribe procedures that warrant use of such products.  As a result, products supported by bribery sell more quickly and at a higher price than products for which lower or no bribes are paid.



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In January 2010, 15 of the 16 Liuzhou factories entered into a collusion agreement with Xian Yi Ge Food Factory to raise the price of rice powder, and Xian Yi Ge adopted carrot-and-stick measures to make sure the agreement would be executed.  As a result of the agreement, the colluding rice powder factories issued notice of a 25 percent-plus price increase to downstream business operators, including rice powder wholesalers, retailers, rice powder food peddlers and stores.



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Trade or industry associations bring substantial benefits to their members and enhance competition in the economic sectors they represent.  However, member activities can also create major antitrust risks that are subject to aggressive enforcement and penalties under China’s Antimonopoly Law (AML).  This article shows how associations and their members can manage these risks through a compliance program that defines acceptable and prohibited activities. 



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An "exclusive sales arrangement" in this article, is defined as an arrangement where a seller/trader provides a certain economic benefit to its counterparty in exchange for the counterparty's promise not to sell a competitor's products.  If the seller/trader is a business operator with a dominant market position, an exclusive sales arrangement may be considered an abusive action under China's Anti-monopoly Law because it restricts the counterparty to conduct transactions only with the dominant market position operator or other businesses that the operator designates. 

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