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 caseswhether the concept of a “corporate human rights” principle should be applicablerecent 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.


Due Process

Paul Lugard, Jun 16, 2014

Procedural Fairness and Transparency in Antitrust Cases: Work in Progress

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)

Georg Berrisch, Jun 16, 2014

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)

Martin Mollmann, Jun 16, 2014

Due Process in Antitrust Proceedings Before the European Commission: Fundamental Right


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