Due Process

The ICC Task Force on Due Process, formed in 2009, aims to develop recommendations on international due process in antitrust proceedings worldwide.

In March 2010, the task force published two policy documents on the issue of best practices and procedural fairness:

  • The ICC Recommended framework for international best practices in competition law enforcement proceedings sets forth best practices intended to promote the adoption of procedural safeguards to ensure that due regard is given to the fundamental fairness of the process by which competition authorities enforce their laws in an increasingly global context.

This Recommended framework has been recognized by governments as a useful tool when setting up their own competition regimes.

  • Due process in EU antitrust proceedings is an analysis of the current European Union antitrust proceedings. In addition, the task force provides commentary on the European Commission’s draft Best Practices in Antitrust Proceedings and the Hearing Officers’ Guidance Paper.

In April 2011, the ICC Roundtable on competition policy that is held in conjunction with the ICN Annual Conference was dedicated to the subject of Due Process in Competition Law Enforcement and provided an opportunity for competition agencies and business to exchange on best practices, particularly from the angle of due process.

As of 2013, the ICC Task Force on Due Process will enter the second phase of its mandate and begin the process of updating its publications in light of the many recent international developments in competition law.

The task force is co-chaired by Gerald Brei, Partner, Homburger AG and Jennifer Patterson, Partner, Kaye Scholer LLP.

ICC's Contributions:

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