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Due Process and Procedural Rights Under the China Anti-Monopoly Law (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

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...

A Call for a Restriction of “Corporate Human Rights” in Competition Enforcement Procedures, and More Generally (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

Despite having originally been recognized with the clear and limited purpose of protecting the individual from State abuses (and, incidentally, from violations by other individuals where their rights may clash), the human rights recognized in the European Convention...

Due Process in Chinese Competition Law Regime (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

The People’s Republic of China adopted its Anti-Monopoly Law in 2008. In the following six years, China has made notable progress towards becoming one of the most robust and dynamic competition law regimes in the world. While substantive competition laws are...

Due Process in Antitrust Proceedings Before the European Commission: Fundamental Rights are Not Enough (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

In 2011, the European Court of Human Rights issued its widely noted Menarini judgment, stating that an administrative body may impose competition law penalties (which constitute criminal law sanctions) without infringing Article 6 ECHR, as long as the parties have the...

The EU Courts Play a Crucial Role in Ensuring Compliance of the EU’s System of Competition Law Enforcement With Due Process Rights (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

In its Menarini ruling, the European Court of Human Rights held that fines imposed by the Italian antitrust authority for the violation of competition law are criminal charges and that, consequently, the requirements of Article 6 of the European Convention of Human...

Procedural Fairness and Transparency in Antitrust Cases: Work in Progress (Competition Policy International)

by 21st Century Competition | Jun 13, 2014 | Global Blogs

There is broad consensus on the need for, and growing importance of, transparency and procedural fairness in competition enforcement. However, the objectives, scope, and practical application of the associated procedural rights have never been undisputed. On the one...
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