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Academic Articles Awards > Procedure

Rethinking compliance

Anne Riley and Daniel Sokol, Journal of Antitrust Enforcement, 3 (1): 31-57, 2015

See D. Daniel Sokol's resume See Anne Riley's resume

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

This article addresses optimal deterrence and its limits in the context of creating a more effective mechanism for antitrust compliance to take hold in businesses. We suggest the need for the creation of proactive encouragement of compliance programmes. Antitrust authorities should work with the business community to create a regulatory scheme that rewards good behaviour while punishing bad behaviour. To do so, antitrust authorities need to understand how to create and sustain compliance efforts within a company. The proper role of an antitrust compliance programme should be to ensure compliance with the law and to promote ethical behaviour by and between companies as part of good corporate governance. Antitrust authorities should play a role in encouraging and supporting this in the same way other enforcement authorities do (eg in relation to Foreign Corrupt Practices Act/anti-bribery enforcement). We argue that from a policy perspective, antitrust enforcement should not just be about punishment but about changing normative values within organizations.

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