Journal of Law and Policy


Sharon Oded


With the rise of globalization, foreign 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-foreign corruption enforcement often results in duplicative, multi-jurisdictional enforcement, such that multiple enforcement actions are initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was recently addressed by the US Department of Justice in its Anti-Piling On Policy promulgated in May 2018, lies at the heart of this Article. 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 Article analyzes recent multi-jurisdictional enforcement practices as formalized by the Anti-Piling On Policy, highlights several of their shortcomings, and proposes a set of guiding principles which, if adopted by sovereign states, may enhance the effectiveness of the global fight against foreign corruption.