The November 2018 CPI Antitrust Chronicle features articles which play a role in the global conversation about norms for antitrust due process. As companies increasingly engage in international/global business transactions, there is also a growing number of jurisdictions with competition agencies (over 140 agencies in over 100 countries) that enforce competition laws.
These antitrust enforcers have long worked together, through the ICN, OECD, and other international intergovernmental and private organizations, to build best practices and international consensus. As one of this month’s authors notes, “a consensus on high-level principles may mean little without a commitment to embed fairness into the day-to-day practices and choices that guide agency investigations and decision making.”
On June 1, 2018, the U.S. DOJ’s Makan Delrahim, announced that the United States will finalize and join the Multilateral Framework on Procedures in Competition Law Investigation and Enforcement. Delrahim seems to be pushing for due process concerns to be a top priority for antitrust and competition enforcement: “With more than 140 competition agencies, and increased international commerce, including digital commerce, it is more and more critical that we share a common set of principles that affords due process to individuals and businesses in investigation and enforcement.”
So, where do things stand today with the developing consensus around procedural fairness, rights of defense, transparency, and other due process issues in antitrust enforcement around the world? And what are some ways to facilitate and nurture even more progress?
As always, thank you to our great panel of authors.