Private-to-Private bribery
Private-to-Private bribery refers to corrupt practices within and between enterprises.
It occurs, for example, when an employee accepts the advantage granted to him by a person from outside of the company, without informing the corporate bodies or persons.
As a consequence the corrupted executive's or manager's freedom of judgement is abdicated in return for money (or other considerations).
There is a significant risk that purchases will be made at overstated prices (in order to recover the bribes) and under unfavourable conditions, and that the product sold will not be of the optimal, or even required, quality.
Private-to-Private Bribery and the OECD
Private Commercial Bribery
In 2003, ICC and Germany's Max Planck Institute for Foreign and International Criminal Law jointly published a comparative study of private-sector anti-bribery laws in 13 OECD countries.Besides analyzing existing international instruments, the study covers the law in the Czech Republic, England and Wales, France, Germany, Italy, Japan, Korea, The Netherlands, Poland, Spain, Sweden, Switzerland, and the United States.
The project focuses on the criminal, civil and administrative measures against the bribery of public officials. The criminalization of private-sector bribery, especially if international aspects are present, is a recent development; there is no unanimity about the policy goal(s) which private-sector bribery law should vindicate. Regarding the use of civil law and its remedies as a method of compensating for private-sector bribery, the reports reflect a spectrum of results suggesting that general principles of tort/fault law have not always been implemented or vindicated in this field. The study also inquires about practices to stem private-sector bribery present in regulatory measures and/or developed internally by business enterprises.
Private Commercial Bribery, is jointly edited by Thomas O. Rose, an American lawyer who led ICC's work on suppression of private sector bribery; Professor Günter Heine, Director of the Institute for Criminal Law and Criminology at Berne University, Switzerland, and Dr Barara Huber, Senior Research Fell at the Max Planck Institute for Foreign and International Commercial Law.
