Thinking About Procedural Fairness of Competition Law Enforcement Across Jurisdictions: A Suggested Principled Approach

CPI ICN Column edited by Maria Coppola (U.S. Federal Trade Commission)

Thinking About Procedural Fairness of Competition Law Enforcement Across Jurisdictions: A Suggested Principled Approach – Stanley Wong (SW Law Corporation)*

It is an increasingly common feature today in an international gathering of competition law and policy specialists from government, industry and academia to have formal and informal discussions about procedural fairness in the enforcement of competition laws across jurisdictions. The discussion leads naturally to making comparisons about enforcement by more experienced enforcement agencies with enforcement by newer enforcement agencies. With more than 100 jurisdictions with competition legislation, discussion about procedural fairness on a comparative basis will grow.

Enforcement agencies are involved in the debate about procedural fairness of enforcement systems around the world through their participation in the work of international organizations and networks such as Organization for Economic Co-operation and Development (OECD), United Nations Conference for Trade and Development (UNCTAD), Association of Southeast Asian Nations (ASEAN) and International Competition Network (ICN).

Recently on March 25, 2014, the ICN held a one-day Roundtable on Investigative Process in Washington D.C. The Roundtable, which was hosted by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division and attended by over 115 seni