Steven Braga, Christopher Conniff & Mark Popofsky, Feb 14, 2012
The Foreign Corrupt Practices Act (“FCPA”) and the Sherman Act proscribe distinct forms of misconduct. The FCPA prohibits “the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to . . . any foreign official2for purposes of,” among other things, “securing any improper advantage.” The Sherman Act, inter alia, prohibits price-fixing, bid-rig
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