Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come

CPI Antitrust Chronicle, September 2019

U of Penn Law School, Public Law Research Paper No. 20-14

10 Pages Posted: 6 Apr 2020

See all articles by Christopher S. Yoo

Christopher S. Yoo

University of Pennsylvania Carey Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Date Written: September 2019

Abstract

The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.

Keywords: Antitrust & competition law & policy, enforcement, due process, transparency, procedural fairness, international harmonization, disclosure of evidence, separation of judicial & investigative/prosecutorial functions, judicial review

Suggested Citation

Yoo, Christopher S., Due Process in International Antitrust Enforcement: An Idea Whose Time Has Come (September 2019). CPI Antitrust Chronicle, September 2019, U of Penn Law School, Public Law Research Paper No. 20-14, Available at SSRN: https://ssrn.com/abstract=3567846

Christopher S. Yoo (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)

University of Pennsylvania - School of Engineering and Applied Science ( email )

3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
81
Abstract Views
535
Rank
563,178
PlumX Metrics