Recommended framework for international best practices in competition law enforcement proceedings
ICC’s Commission on Competition has prepared a recommended framework for competition law enforcement proceedings, intended to promote the adoption of procedural safeguards related to transparency, non-discrimination, accountability and more.
This proposal sets out a recommended framework for certain best practices to guide competition law enforcement investigations and decisions applicable to all matters, including unilateral conduct and cartels, while recognizing the need for individual competition authorities to have discretion to work out and implement the details of these practices within their individual competition policy systems.
The best practices proposed in this document are intended to promote the adoption of procedural safeguards, directed at ensuring that due regard is given to the fundamental fairness of the processes by which competition authorities enforce their laws in an increasingly global context.
ICC believes it is essential that competition enforcement agencies embrace the principles of transparency, early and continuing engagement, due process, non-discrimination and accountability in order to operate effectively in this heterogeneous environment.
Given the extent to which the actions of a given nation’s competition authority directly impact firms outside its borders, such principles are essential not only to ensure fairness to firms being investigated, but also to pursue more effectively the policies that underlie competition laws.
- Due process/fairness
- Role of the courts