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 attention with such incidents as the diverse approaches of U.S. regulators over Honeywell, the different approaches of Member State authorities and DG Comp, and compliance advice published by global regulators. Danny Sokol and Joe Murphy have helped organize a special two-part issue to explore these questions in depth. Our issue this week presents views from the corporate arena; next week we’ll present articles from the other side.
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Compliance, Part 1
Why and How to Use Empirical Screens in Antitrust Compliance
Better to be the first to detect, the first to report, and the first to benefit from leniency…Rosa Abrantes-Metz (Global Econ. Group, Stern School of Business)
Antitrust Compliance It’s All About the Culture
No program in antitrust or any other area will succeed if it is not supported by the culture of the corporation. Theodore L. Banks (Schoeman Updike Kaufman & Scharf)
Normative Compliance: The Endgame
Ultimately the most effective, efficient, and sustainable form of compliance is compliance that is normatively motivated. Caron Beaton-Wells (Univ. of Melbourne)
The Anticorruption and Antitrust Interface
Companies must take into account the risk that self-reporting an antitrust violation may spawn an FCPA investigation. Stephen L. Braga, Christopher P. Conniff, & Mark S. Popofsky (Ropes and Gray)
Enforcers Consideration of Compliance Programs in Europe: Are 2011 Initiatives Raising Their Profile or Reducing It to the Lowest Common Denominator?
The documents do show that competition authorities will now at least recognize compliance programs in Europe. However…Nathalie Jalabert-Doury & Gillian Sproul (Mayer Brown)
How DG Competition and U.S. DOJ Antitrust Division Hurt Compliance Efforts
The battle against cartel conduct is too important to tolerate dysfunctional policies. Joe Murphy (Society of Corporate Ethics and Compliance)
Why the U.K.’s New Approach to Competition Compliance Makes for Good Enforcement
The assertion by authorities that such a restrictive approach to compliance will be deterrence-enhancing is flawed in a number of respects. Andreas Stephan (Univ. of East Anglia)
