Harmonizing the Shield to Corporate Liability: A Comparative Approach to the Legal Foundations of Corporate Compliance Programs from Criminal Law, Employment Law, and Competition Law Perspectives

The International Lawyer, Vol. 47, No.1, Summer 2013, pp. 99-121

49 Pages Posted: 24 Apr 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Derya Durlu Gürzumar

University of Neuchâtel

Date Written: 2013

Abstract

A range of legal regimes from employment law to corporate and securities law foresees a reduction or elimination of “enterprise liability” for organizations that can demonstrate the existence of “effective” internal compliance structures. The pervasiveness of corporate conduct codes and internal compliance programs, while reflecting the importance ascribed to these codes and programs by different jurisdictions, also raises questions regarding the extent to which companies are willing to take measures to encourage compliance with the law and nip corporate misconduct in the bud before courts and agencies detect such errant behavior. With a compliance industry that has developed over the past decade at an insurmountable pace, the previously defined borders of criminal law, employment law, and antitrust law are hazier and their relationship more intertwined. This article aims to lay out the interaction between these fields of law by particularly examining whistleblowing and elements of setting up effective compliance programs.

Keywords: competition law, corporate liability, compliance, corporate compliance, investigations

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Durlu Gürzumar, Derya, Harmonizing the Shield to Corporate Liability: A Comparative Approach to the Legal Foundations of Corporate Compliance Programs from Criminal Law, Employment Law, and Competition Law Perspectives (2013). The International Lawyer, Vol. 47, No.1, Summer 2013, pp. 99-121, Available at SSRN: https://ssrn.com/abstract=3156847

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Derya Durlu Gürzumar

University of Neuchâtel ( email )

Neuchatel, CH-2000
Switzerland

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
21
Abstract Views
181
PlumX Metrics