The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.
Antitrust & competition law & policy, enforcement, due process, transparency, procedural fairness, international harmonization, disclosure of evidence, separation of judicial & investigative/prosecutorial functions, judicial review
Yoo, Christopher S., "Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come" (2019). Faculty Scholarship at Penn Law. 2167.
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