FCPA: Ethical Beacon Or Anti-Competitive Burden?

Law360, New York (February 1, 2012, 12:30 PM EST) -- The Foreign Corrupt Practices Act was enacted in the surge of public morality following the Watergate Scandal and in response to a congressional investigation uncovering widespread bribery among domestic companies operating overseas. While the statute has the unquestionably noble goal of eliminating corruption and holding United States concerns to a high standard of morality, it has come under recent criticism for the substantial and, some would say, anti-competitive, costs that it imposes.

Regardless, the government is committed to strong and vigorous enforcement of the FCPA, and,...
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