Transnational corruption and the multijurisdictional prosecution of multinational corporations

Abstract

The aim of this article is to study cases related to multijurisdictional anti-corruption prosecution and analyze the expansion of the applicable international regime, since, once the OECD Convention was ratified, several countries began to incorporate provisions to this effect into their national legal systems, and the complexity of holding transnational corporations (TNCs) accountable for illegal acts that involve several countries. To this end, two of the main fundamental instruments for
holding TNCs accountable for illegal acts are presented first: the Foreign Corrupt Practice Act (FCPA) and the OECD Anti-Corruption Convention, milestones that have made multi-jurisdictional prosecution possible. Next, paradigmatic cases in which joint and parallel investigations took place are analyzed. Finally, an analysis is made of the relevance of international anti-corruption legal cooperation in the formation of agreements. This article concludes that, during this process, the occurrence of ne bis in