The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

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By Topic: Antitrust

  • From Vol. 5 No.25 (Dec. 21, 2016)

    What to Expect From China’s Revised Commercial Bribery Law

    Draft revisions to China’s Anti-Unfair Competition Law, a wide-ranging statute governing e-commerce, trade secrets, false advertising and commercial bribery, were made public in February 2016. The revisions to the law, which was originally passed in 1993, include a new definition of commercial bribery, clarify when corporations can be held accountable for corrupt payments made by employees and expand the investigatory powers of the State Administration of Industry and Commerce and local AICs. The proposed new language, however, lacks clarity and possibly conflicts with existing law, Chinese attorneys told The FCPA Report’s sister publication Policy and Regulatory Report (PaRR). See The FCPA Report’s two-part series on data security in China: “Crossing the River by Feeling the Stones (Part One of Two)” (Sept. 14, 2016); and “Performing Due Diligence and Internal Investigations (Part Two)” (Sep. 28, 2016).

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  • From Vol. 5 No.11 (Jun. 1, 2016)

    Current and Former Agents Discuss the Five Pillars of the FBI’s FCPA Strategy

    In conjunction with the announcement of the FCPA Unit’s Pilot Program in April, the DOJ noted that the FBI has recently established three new squads of special agents who will focus on FCPA and anti-money laundering investigations. These three International Corruption Squads, “should send a powerful message that FCPA violations that might have gone uncovered in the past are now more likely to come to light,” said Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division in a press release. At an invitation-only event hosted by global consulting firm Protiviti and at ACI’s 18th Annual New York Conference on the FCPA, current and former FBI agents explained that the FBI’s strategy for fighting international corruption is built on five pillars and discussed how the strategy will affect FBI FCPA investigations going forward. See “Going Deep on the Fraud Section’s FCPA Pilot Program (Part One of Three)” (Apr. 20, 2016); “How Will the Fraud Section’s Pilot Program Change Voluntary Self-Reporting? (Part Two of Three)” (May 4, 2016); “Earning Cooperation Credit Under the Fraud Section’s FCPA Pilot Program (Part Three of Three)” (May 18, 2016).

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  • From Vol. 2 No.14 (Jul. 10, 2013)

    Russian Risks: Reconciling the Novo Nordisk Standard with the FCPA

    The central challenge faced by any corporation seeking to address the risks of corruption is to understand where its risks lie and what tools it can employ to mitigate those risks.  Typically, those areas presenting the greatest risk of corruption will call for correspondingly strong anti-corruption tools.  This challenge may be even greater for companies doing business in Russia, where they must not only confront the challenges of the Russian business environment but also may be forced to do so without many of the anti-corruption tools normally at their disposal.  In a guest article, Joseph Terry, partner at Williams & Connolly LLP, and Jessica Hayden, former associate at Williams & Connolly, discuss the Russian business environment and the challenges posed by the so-called “Novo Nordisk Standard” – set after the Russian Federal Antimonopoly Service found that Novo Nordisk’s anti-corruption diligence program violated Russian competition law – and present topics for companies to consider when designing a compliance program that protects against corruption risks in Russia.  See also “Alan Kartashkin and Dmitri Nikiforov of Debevoise & Plimpton LLP Discuss the Ins and Outs of Russian Bribery Law,” The FCPA Report, Vol. 1, No. 12 (Nov. 14, 2012).

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  • From Vol. 2 No.10 (May 15, 2013)

    Collateral Consequences of Bribery: When Can Ethical Competitors Initiate Suit in the U.S. and U.K.?

    The potential fines and costs arising from corporate bribery can be sizeable.  But there is another risk for companies that have won government contracts because they bribed foreign officials: private lawsuits brought by clean competitors that have lost out on business as a result of bribery.  In an age of ever-increasing public information about bribery, from governments, non-governmental organizations, anti-corruption activists and others, competitors on the losing side of bidding processes have more evidence to pursue these claims.  In a guest article, Steve Huggard and James Maton, partners, and Katie Guarino, associate, at Edwards Wildman Palmer LLP, explain how suits against bribing competitors can be initiated and what is at stake.

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