Antitrust Chronicle – Antitrust Due Process

Antitrust Chronicle – Antitrust Due Process

Dear Readers, 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 […]

Procedural Fairness: Convergence in Process

Procedural Fairness: Convergence in Process

By Paul O’Brien –  Competition agency process can be just as important as substance when it comes to effective enforcement. Over the past decade, the scrutiny of agency process has led to the identification and promotion of consensus principles for the provision of procedural fairness during competition investigations at the OECD, ICN, and elsewhere. But […]

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

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 […]

Due Process and Production of Documents Stored Abroad: A Review of Antitrust Discovery Tools After Microsoft Ireland and the Cloud Act

Due Process and Production of Documents Stored Abroad: A Review of Antitrust Discovery Tools After Microsoft Ireland and the Cloud Act

By Valeria Losco & Terry Calvani –  This article discusses one specific issue raised by new technologies in antitrust investigations: the production of documents stored abroad. Until recently government agencies could only request the production of documents available on the territory where they had jurisdiction, but new technologies have challenged the concept of what is […]

What’s the Appeal? How the General Court and Competition Appeal Tribunal are Shaping the EU and UK Antitrust Regimes

What’s the Appeal? How the General Court and Competition Appeal Tribunal are Shaping the EU and UK Antitrust Regimes

By Paul Gilbert –  This article considers why European Commission antitrust decisions seem less vulnerable to appeal on substance than equivalent decisions by the UK authority (“CMA”). It considers whether differences in the investigation procedures have resulted in more robust decisions. It also considers whether differences in the standard of judicial review or other features […]

Due Process and Antitrust in Japan: Enforcers’ Perspective

Due Process and Antitrust in Japan: Enforcers’ Perspective

By Hideo Nakajima –  Since I worked at the Japan Fair Trade Commission as Secretary General prior to joining the law firm last year, I would like to discuss an issue of due process in the antitrust law from the enforcers’ perspective, though any views mentioned below should be regarded my own personal ones. Also, […]

Procedural Fairness and Transparency in Competition Proceedings

Procedural Fairness and Transparency in Competition Proceedings

By Antonio Capobianco & Gabriella Erdei –  Procedural fairness includes rights of individuals and legal persons to “due process.” It regulates the relationship between citizens and the state, particularly the executive and judicial branches, and ensures that the state respects the rights that are owed to individuals according to the law. It is widely recognized […]

Towards a Systematic Controlling of Antitrust Decisions?

Towards a Systematic Controlling of Antitrust Decisions?

By Oliver Budzinski & Annika Stöhr –  In an imperfect world, competition authorities cannot get every case right. Often, the benefit of hindsight allows for an ex-post assessment of antitrust decisions yielding valuable insights. Therefore, a systematic integration of expost analyses may form an important part of due process in the sense of a systematic […]

Two-Sided Red Herrings

Two-Sided Red Herrings

By David S. Evans & Richard Schmalensee –   A surprising amount of debate leading up to the Supreme Court’s decision in American Express, and the commentary following this landmark ruling, attempt to trivialize and marginalize the modern economic learning on multisided platforms. Despite these efforts the 2nd Circuit Court of Appeals and the Supreme Court […]

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