China's SAMR Issues Guidance to Healthcare Companies on Preventing Commercial Bribery Risks

On January 14, 2025, China’s State Administration for Market Regulation (“SAMR”) issued the Compliance Guidance for Healthcare Companies on Preventing Commercial Bribery Risks (the “Guidance”), which took effect immediately. The Guidance outlines important changes regarding interactions with healthcare professionals (“HCPs”) in China and describes compliance requirements in four key areas: (1) scope of responsibilities for medical representatives; (2) fee-for-service payments to HCPs; (3) sponsorships, grants, and donations; and (4) clinical trials. Healthcare companies should evaluate their compliance policies in accordance with the Guidance to align internal requirements with SAMR’s expectations, given SAMR’s role as China’s primary enforcer of commercial bribery laws directly impacting healthcare companies.