Category: Global Blogs

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

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 …read more

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

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 on Human Rights have been, to a significant degree, extended to protect …read more

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

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 developing rapidly in China, procedural safeguards for parties involved …read more

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

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 possibility to appeal such decisions before a tribunal with …read more