Due Process and Procedural Rights Under the China Anti-Monopoly Law

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H. Stephen Harris, Jr., Jun 16, 2014

In her keynote address recently delivered at the Antitrust in Asia conference in Beijing, FTC Chairwoman Edith Ramirez emphasized the importance of fair and transparent procedures to the development of an effective antitrust enforcement regime. She noted how such procedures benefit agencies: (i) by allowing agencies to focus on substantive competition issues rather than process, (ii) ensure the quality and accuracy of agency decisions, (iii) increase respect for those decisions thus benefiting the agency’s credibility, and (iv) help ensure effective and, to the extent possible, consistent international enforcement in matters affecting multiple jurisdictions.

Chairwoman Ramirez’s timely remarks came in the wake of a number of expressions of concern about due process and procedural rights in matters under the China Anti-Monopoly Law, before the Chinese Anti-Monopoly Enforcement Authorities, and before the Chinese courts. Such concerns followed several incidents, as detailed below, but it is important to put these concerns in the context of the Chinese legal, economic, and political systems.

 

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