Seeking the rule of law as the common goal: EU-China cooperation in combating commercial bribery

Against this background, this chapter reviews the ongoing anti-commercial bribery campaign with specific focus on MNCs in the broader context of the corruption crackdown and proposes EU-China legal cooperation to combat commercial bribery as one of the strategies in strengthening the rule of law. First, it analyses the GSK case and other high-profile commercial bribery cases involving MNCs in order to exemplify the unprecedented and stringent law enforcement in China. Second, it discusses President Xi’s sweeping anti-corruption campaign, which provides the backdrop for better understanding the features of commercial bribery misconducts by MNCs in China. Third, it reviews some weak and notorious traits of law enforcement in China, which illustrate why some critics have expressed concerns about the fairness, efficiency and effectiveness of anti-commercial bribery practices in China. Despite the limited effects of and some obvious flaws in law enforcement, the current anti-commercial bribery battle can be perceived as an incremental intensification of the rule of law in regulating business activities in China. Fourth, in the context of the EU’s new initiative for a Legal Affairs Dialogue, this chapter proposes that anti-commercial bribery could be a promising new area of EU-China legal cooperation. A final conclusion will be provided at the end.