Corporate compliance programs as a compoent of plea agreements and civil and administrative settlements

Article Abstract:

Corporate compliance programs are a must for resolving claims of regulatory deficiencies, and such compliance programs are increasingly an essential part of both criminal plea agreements as well as civil and administrative settlements. Corporate compliance programs agreed to in criminal, civil and administrative settlements differ based on the nature of the offense, the kind of corporation involved, and the government agencies involved in the negotiations. The provisions of the program may be included in the criminal plea agreement itself, in the civil or administrative settlement, or in an appendix to any of the above containing the corporate compliance agreement .

Methods, Remedies, Plea bargaining

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Microsoft's licensing agreements: theory and evidence on the sale of MS-DOS and Windows

Article Abstract:

Analysis of Microsoft Corporation's licensing agreements for its operating systems led to three conclusions concerning the economic impact of these allegedly anticompetitive agreements. First, minimum commitment provisions and long contract lengths were the important economic elements of these contracts, not the use of per-processor metering devices. Second, the contracts were not de facto exclusive dealing agreements. Third, the agreements used near-zero marginal prices and lumps-sum prices for procompetitive purposes.

Computer software industry, Software industry, Economic aspects, Microsoft Corp., Operating systems (Software), Operating systems, Licensing agreements, Microsoft Windows NT (Operating system), DOS (Operating system)

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Deferred prosecution: the need for specialized guidelines for corporate defendants

Article Abstract:

Deferrals of federal prosecutions of corporate defendants may be preferable to immediate prosecutions for economic and social reasons. Prosecutors should weigh several factors to determine whether deferral is advantageous including harm to corporate employees and others who would be affected by immediate prosecutions. Pre-trial diversion agreements could be used and guidelines for instituting such a program should be developed.

Laws, regulations and rules, Pre-trial procedure, Pretrial procedure

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