Why should corporations spend time and money in developing compliance programs when their efforts don’t count with the regulators? Are compliance programs worthwhile irregardless? These and other questions have gained…

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…

Nathalie Jalabert-Doury, Gillian Sproul, Feb 14, 2012 In Europe, compliance programs have been implemented by companies for many years. However, few competition authorities had clarified how they viewed these compliance…

Andreas Stephan, Feb 14, 2012 There is still much to do in the United Kingdom to champion compliance so as to strengthen competition enforcement and deterrence. The OFT has taken…

Joseph Murphy, Feb 14, 2012 Compliance programs today are generally recognized as key weapons in the fight against corporate crime and wrongdoing. When the U.S. Sentencing Guidelines (“USSG”) in 1991…

Rosa Abrantes-Metz, Feb 14, 2012 Despite their success in many respects, antitrust compliance programs seem to play a minor role in detecting and possibly deterring antitrust violations. Why may that…

Theodore Banks, Feb 14, 2012 What does it take to develop an antitrust compliance program that works? There are a lot of pieces. The employees must be presented with materials…

Caron Beaton-Wells, Feb 14, 2012 One consequence of the overriding focus on deterrence is that it may detract from a focus on compliance. Compliance may be seen as a secondary,…