According to this new OECD report,
If money is exchanged to evade the legal system, defame or falsify information it is wrong and corrupt and shouldn't be permitted in our society (unless of course the legal system you are dealing with is itself wrong and corrupt then Chappelle should have played her cards better). But in business it is profitable, productive and in many cases more efficient.
A business will only engage in illicit side payments if it is in their best interest. That is, if the transaction is profitable. Presumably, other firms have this same opportunity, and in an imperfect competition setting the firm that values the transaction the most will get the contract.
I’ve heard stories of in the traffic lightless streets of Indonesian, you can get the go-ahead from traffic cops by holding a few Rupiah out the window! Northbourne would be a 3 minute (and $5) cruise rather than a 20 min outing.The real concern of the OECD report and, the focus of Australian law, is bribery of foreign government officials. So long as we’re “bribing” officials to hasten due process and not interfering with justice what’s the harm? Have you ever dealt with government? Put in a Development Application? Asked for data? Applied for a job? Due process could use a little hastening. And before the cries of “rent seeking” fall in, the efficiency gain of an expedient rubber stamp over “I’m sorry we lost your application in the mail” will far outweigh and side payment efficiency loss. And again, firms are free not to bribe as well.