Document Type
Article
Publication Date
9-2019
Abstract
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.
Keywords
Antitrust & competition law & policy, enforcement, due process, transparency, procedural fairness, international harmonization, disclosure of evidence, separation of judicial & investigative/prosecutorial functions, judicial review
Publication Title
CPI Antitrust Chronicle
Repository Citation
Yoo, Christopher S., "Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come" (2019). All Faculty Scholarship. 2167.
https://scholarship.law.upenn.edu/faculty_scholarship/2167
Included in
Administrative Law Commons, Antitrust and Trade Regulation Commons, Business Organizations Law Commons, Civil Procedure Commons, Comparative and Foreign Law Commons, Law and Economics Commons, Public Law and Legal Theory Commons, Transnational Law Commons
Publication Citation
CPI Antitrust Chronicle, September 2019