Friday, April 13, 2012

E-book pricing lawsuit and EO's

Ethics officers want to prevent corporate wrongdoing.  I am trying to propound increased officer and employee individual liability as a means to deter corporate wrongdoing.  I also think the law has a huge role in defining and determining what is wrongdoing.  The modern commercial world is exceedingly complex, and how ideas for corporate activities come to fruition and get implemented by a corporation can make it enormously difficult to have legal machinery to impose individual accountability and responsibility.

A current case in point is the civil antitrust lawsuit concerning e-book pricing that the United States Justice Department filed in U.S. District Court for the Southern District of New York against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster.  Contemporaneously with the filing of the complaint (which can be found here), the Justice Department settled with three of the defendants (press release announcing this can be found here).

Has there been wrongdoing?  What could ethics officers have possibly done to prevent it?  What officers and employees should be held personally liable for the wrongdoing?

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