Turkey: "Call For Unified Anti-Corruption Law And Competition Law Compliance Programme: Why Compliance Programmes Should Be Viewed As A Mitigating Factor", Journal Of Business Compliance 01/02 2016 Special Issue
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 companies to comply
with competition laws 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,
that 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.
The complete article published in Journal of Business Compliance
01/02 2016 – Special Issue:
By 27 December 2016, the Croatian Parliament needs to implement the Directive 2014/104/EU on antitrust damages actions, which is expected to streamline the procedure for private individuals and businesses to sue for damages...
The European Commission recently published its preliminary report on the E-commerce Sector Inquiry, identifying potential competition concerns in cross-border e-commerce of digital content and consumer goods.
The German government has recently published a bill that would significantly amend the criteria for determining whether an M&A transaction is subject to German merger control.
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