Advances in International Due Process Considerations: Proper Compliance Mechanisms Could Propel Convergence

By Jana I. Seidl & James F. Rill – 

Convergence in practice on due process principles is critical to the evolution of international antitrust. While international intergovernmental and private organizations have long promoted best practice and guidance documents on due process principles, more remains to be done. The Department of Justice recently announced the Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (“MFP”). Unlike previous efforts, the MFP contemplates a mechanism for accountability with respect to participants’ adherence to issued guidance, which evokes a promise for evolution of adherence to and implementation of basic due process standards. If the MFP can shine a light on the extent to which nations implement due process norms, the new direction in which it may take the international antitrust community is an important and salutary development.

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