Call for a Unified Anti-Corruption and Competition Law Compliance Programme: Why Compliance Programmes Should Be Viewed as a Mitigating Factor

Journal of Business Compliance 01/02 2016 – Special Issue

Posted: 6 Jan 2019

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Olgu Kama

Norton Rose Fulbright LLP

Ceren Özkanlı

ELIG, Attorneys-at-Law

Burcu Ergün

ELIG, Attorneys-at-Law

Date Written: February 1, 2016

Abstract

Whether motivated by ethical reasons, the deterrent effect of fines and other sanctions, or both, an increasing number of companies coordinate compliance with anti-corruption regulations in conjunction with compliance with competition laws when establishing their corporate governance policy framework. This article advocates that at the macro level, the competent authorities should adopt a holistic approach regarding the efforts made by the companies for compliance with the competition law and anti-corruption laws and both should be subject to a unified legal enforcement policy concerning interacting compliance programmes. Furthermore, we argue that both anti-corruption and competition law compliance programmes should be considered by regulators and the Courts as mitigating factors in determining fines and sanctions for violating companies. This would encourage companies to develop thorough compliance programmes that go beyond mere legal compliance and additionally address behaviour, assist them in identifying and accumulating best practices over the years. In doing so, the impact and reach of regulation and legislation will increase; ultimately improving market efficiency. Such a broad scale upgrade in sanctions policy would eventually be of benefit to society and the economy in terms of both crime prevention and the procedural economy.

Keywords: compliance, competition law, antitrust, anti-corruption

JEL Classification: K20; K21

Suggested Citation

Gurkaynak, Gonenc and Kama, Olgu and Özkanlı, Ceren and Ergün, Burcu, Call for a Unified Anti-Corruption and Competition Law Compliance Programme: Why Compliance Programmes Should Be Viewed as a Mitigating Factor (February 1, 2016). Journal of Business Compliance 01/02 2016 – Special Issue, Available at SSRN: https://ssrn.com/abstract=3305004

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

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

Olgu Kama

Norton Rose Fulbright LLP ( email )

United States

Ceren Özkanlı

ELIG, Attorneys-at-Law ( email )

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

Burcu Ergün

ELIG, Attorneys-at-Law ( email )

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

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