Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Thursday, July 5, 2012

Due Process in EU Competition Cases Following the Introduction of the New Best Practices Guidelines on Antitrust Proceedings

Posted by D. Daniel Sokol

Anne MacGregor (Cadwalader) and Bogdan Gecic have written on Due Process in EU Competition Cases Following the Introduction of the New Best Practices Guidelines on Antitrust Proceedings.

ABSTRACT: Commission decisions have unprecedented legal and practical effects that require stringent procedural safeguards in order to satisfy due process. The current state of EU judicial review is as yet insufficient to counterbalance the far-reaching impact of Commission decisions. The Commission's recently adopted antitrust best practices package does not cure the inadequacies of the broader enforcement model and to some extent exacerbates the due process problem. The Commission's procedure could be reformed into a full two-tier system, modelled on robust Continental civil administrative systems, which would add to its actual and perceived fairness.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/07/due-process-in-eu-competition-cases-following-the-introduction-of-the-new-best-practices-guidelines-.html

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Comments

The Federal Trade Commission (FTC)is legally permitted to interpret and enforce section 5 of the Federal Trade Commission Act's antitrust laws. Section 5 discusses "unfair methods of competition" but does not define what the "unfair methods" are in relation to trade restrictions. The FTC must enforce the standards and interpret the law in each particular antitrust case.

Posted by: fem | Jul 5, 2012 11:53:23 PM

The Commission's procedure could be reformed into a full two-tier system.

Posted by: zetaclear scam | Jul 6, 2012 4:36:12 AM

American antitrust laws date back to the Sherman Antitrust Act of 1890 that was passed by Congress to remove limits on competitive trade. The Sherman Antitrust Act affects all interstate business transactions. Section 1 of the Sherman Act states that the courts are to interpret which contracts unfairly restrict trade. Section 2 deems it illegal for a company or an individual "to monopolize, or attempt to monopolize."

Posted by: kjlpc | Jul 10, 2012 11:10:34 PM

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