Private Commercial Bribery
This publication is the result of a collaboration between the International Chamber of Commerce and the Max Planck Institute for Foreign and International Criminal Law. Thirteen country reports examine the laws of private sector bribery with regards to criminal, civil and administrative measures. In terms of criminal law, the reports reflect the lack of a uniform and systematic approach to the phenomenon of private sector bribery. In contrast to the criminalization of bribery of public officials, the criminalization of private sector bribery is growing at a slower pace. There is no unanimity about the interests that criminal laws protect which range from corporate assets to free competition and loyalty in the employment relationship.
Regarding the use of civil law remedies for private sector bribery, the contributors examine the ability to bring a claim for compensation for damages. In some countries private sector bribery is actionable on the grounds of breach of a fiduciary duty or unfair competition, while in others there is no relevant case law. Administrative measures and self-regulation are also studied in the country reports with particular emphasis on disqualification from public procurement and on codes of corporate conduct.
Citation: Gunter Heine, Barbara Huber, Thomas O. Rose, Private Commercial Bribery, ICC 2003.