Negotiated enforcement: Regulatory power and corporate misconduct

Abstract

This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern that these practices may lack transparency, be inefficient, fail to deter corporate misbehaviour, and operate to subvert individual justice and the rule of law. This project aims to address these concerns by developing detailed recommendations fo..