Law & Economics Workshop: Kevin Davis

presents

Kevin Davis

New York University Law School

Civil Remedies for Corruption in

Government Contracting

Wednesday, December 3, 2008

12:30 – 2:00

Solarium (Room FA2) – Falconer Hall

84 Queen’s Park

Bribery in public contracting is a serious problem, particularly in societies with weak public institutions. The trend in the law applicable to contracts between governments and foreign firms is to refuse to enforce contracts procured through bribery. This zero-tolerance approach is misguided. Proof that a firm obtained a contract through bribery does not necessarily indicate the extent to which the firm has fallen short of its obligations to combat bribery. Specifically, the zero-tolerance approach does not take into account the extent to which the firm has not only attempted to prevent bribery but also monitored and punished employees who engage in bribery, cooperated with law enforcement authorities, and created value for the government in the course of performing its side of the contract. Subjecting bribe-payers to liability that is more proportional to fault seems preferable on a number of grounds.

Kevin Davis is the Beller Family Professor of Business Law at the NYU Law School.

A light lunch will be provided.

For more workshop information, please contact Nadia Gulezko at n.gulezko@utoronto.ca.