In this issue:
Debate about due process has heated up in recent months. Our guest editor, Paul Lugard, has organized a special issue that highlights a number of recent developments: the intensity of judicial review in the EU in the wake of ECtHR’s ruling in Menarini and other cases, whether the concept of a “corporate human rights” principle should be applicable, recent actions by Chinese authorities that have created worry about fair dealings for companies around the world, and the JFTC’s revamping of its administrative model. We conclude with an insightful discussion of impartiality.
A number of current, interrelated trends in the international antitrust arena contribute to the growing importance of procedural fairness in competition law proceedings. Paul Lugard (Baker Botts)
The EU Courts Play a Crucial Role in Ensuring Compliance of the EU’s System of Competition Law Enforcement With Due Process Rights
It seems fair to say that, as a result of Menarini and Schindler, the compatibility of the EU system of antitrust enforcement with Article 6 ECHR and Article 47 of the Charter depends on the degree of judicial control exercised by the EU courts. Georg M. Berrisch (Baker Botts)