The bundling of foreign bribery cases
Research output: Working paper › Discussion paper
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The bundling of foreign bribery cases. / Hock, Branislav.
Tilburg University, 2018. (TILEC Discussion Papers).Research output: Working paper › Discussion paper
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TY - UNPB
T1 - The bundling of foreign bribery cases
AU - Hock, Branislav
PY - 2018/4/7
Y1 - 2018/4/7
N2 - This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants would likely reject to settle if they were to decide on them separately. In this context, our understanding of what constitutes and should constitute a foreign bribery case is limited. The article shows that anti-bribery bundling is part of a broad trend that allows, in some cases, the United States (US) enforcement authorities to enforce foreign anti-bribery laws extraterritorially. This trend is illustrated on cases in which the US enforcement authorities punished companies headquartered in Europe for their operations outside the US. The article concludes with a discussion of the significant implications the extraterritoriality of bundling has for foreign anti-bribery law theory and policy.
AB - This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants would likely reject to settle if they were to decide on them separately. In this context, our understanding of what constitutes and should constitute a foreign bribery case is limited. The article shows that anti-bribery bundling is part of a broad trend that allows, in some cases, the United States (US) enforcement authorities to enforce foreign anti-bribery laws extraterritorially. This trend is illustrated on cases in which the US enforcement authorities punished companies headquartered in Europe for their operations outside the US. The article concludes with a discussion of the significant implications the extraterritoriality of bundling has for foreign anti-bribery law theory and policy.
KW - extraterritoriality
KW - bundling
KW - foriegn bribery
KW - corruption
KW - enforcement
KW - settlement
KW - case
U2 - 10.2139/ssrn.3157532
DO - 10.2139/ssrn.3157532
M3 - Discussion paper
T3 - TILEC Discussion Papers
BT - The bundling of foreign bribery cases
PB - Tilburg University
ER -
ID: 10332572