McKinsey case – consulting firms in public affairs
For justice beyond
borders
Why was legal action taken against McKinsey ?
Sherpa reminds that, any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
In 2021, the press revealed that the French government had concluded massive contracts with consultancy firms, including McKinsey, for public policy missions concerning Covid-19 vaccinations. In light of these revelations, a Senate inquiry committee was formed and published a report indicating that consultancy firms had received more than a billion euros of public money in 2021, without their work necessarily being adequate. McKinsey alone allegedly made between 28 and 50 million euros between 2018 and 2021 on these contracts, while not paying taxes in France.
This case illustrates the widespread influence of the private sector on public affairs and the lack of transparency around the management of public money. Additionally, the encroachment of consulting firms on the State’s functions puts into question the independence of public policy decisions and weakens the democratic control of public affairs.
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Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
