Economic Analysis Of Damages Under FCPA

Law360, New York (June 15, 2011, 3:17 PM EDT) -- Recently in these pages, a comparison has been made between the Foreign Corrupt Practices Act and antitrust compliance programs. Another parallel can be made in the careful economic analysis necessary to assess fines and damages in antitrust and FCPA matters.

In antitrust, the construction of a but-for world — the world in the absence of the alleged conduct — is necessary to establish the effects of allegedly anti-competitive conduct on prices. Likewise, it is necessary to construct a but-for world of firm performance to determine the effect of bribes...
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