A Principled Approach
Edited by Tina Søreide and Abiola Makinwa
Chapter 10: The DOJs Anti-Piling On Policy: time to reflect?
With the rise of globalization, corruption has become a prominent enemy of the world’s economy. Over time, numerous international initiatives_such as the OECD and United Nations conventions against foreign corruption_have enlisted a growing number of sovereign states to join in the global war against that enemy. As a consequence, global enhancement of anti-corruption enforcement often results in duplicative, multi-jurisdictional enforcement, i.e. multiple enforcement actions initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was addressed by the U.S. Department of Justice (DOJ) in the Anti-Piling On Policy promulgated in May 2018, lies at the heart of this chapter. After identifying the practical implications of the newly promulgated policy in recent multi-jurisdictional enforcement cases—which have taken the form of (i) multi-jurisdictional cooperation, (ii) crediting, and (iii) sidestepping—this chapter analyzes recent multi-jurisdictional enforcement practices as formalized by the Anti-Piling On Policy, highlights several of their shortcomings and advocates the creation of a set of guiding principles which, if adopted by sovereign states, may enhance the effectiveness of the global fight against foreign corruption.
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