International Regulatory Enforcement (PHIRE)

Anti-Corruption and Contractual Relations: Beyond Words, Legal Consequences

May 22, 2020

Nicola Bonucci, Philippe Bouchez El Ghozi, Nicolas Faguer

Recently, the Court of Cassation had the opportunity to rule on the effectiveness of anti-corruption clauses in contracts and their consequences with regards to the termination of a business relationship between a French subsidiary of a U.S. company and a French company. This decision is rich in concrete lessons regarding the effects of such clauses, too often inserted without their scope being really measured in terms of the rights and obligations they generate for the contracting parties.

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