Antitrust v. Anti-Corruption Policy Approaches to Compliance: Why Such a Gap?

F. Thépot, CPI Antitrust Chronicle, 'Antitrust V. Anti-Corruption Policy Approaches to Compliance: Why Such a Gap?', CPI Antitrust Chronicle, June 2015 (2)

8 Pages Posted: 7 Jul 2015

See all articles by Florence Thépot

Florence Thépot

University of Glasgow; Droit & Croissance (Rules for Growth)

Date Written: July 6, 2015

Abstract

One of the striking differences between competition law and anti-corruption is the manner in which agencies take into account the compliance efforts of companies in the context of their investigations. The European Commission and the U.S. Department of Justice Antitrust Division (“DOJ”) refuse to consider compliance programs as mitigating factors in antitrust infringements. The French and U.K. competition authorities may grant a maximum of 10 percent reduction in fines for having effective compliance measures. In contrast, in the area of anti-corruption, companies in some of the same jurisdictions can escape liability completely for having implemented “adequate procedures.” This paper explores possible reasons for such a gap in policy approaches.

Suggested Citation

Thépot, Florence, Antitrust v. Anti-Corruption Policy Approaches to Compliance: Why Such a Gap? (July 6, 2015). F. Thépot, CPI Antitrust Chronicle, 'Antitrust V. Anti-Corruption Policy Approaches to Compliance: Why Such a Gap?', CPI Antitrust Chronicle, June 2015 (2). Available at SSRN: https://ssrn.com/abstract=2627157

Florence Thépot (Contact Author)

University of Glasgow ( email )

5-9 The Square
University of Glasgow
Glasgow, G12 8QQ
United Kingdom

Droit & Croissance (Rules for Growth) ( email )

c/o Institut Louis Bachelier
29 place de la Bourse
Paris, 75002
France

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