Due Process in Antitrust Enforcement: Normative and Comparative Perspectives

Christopher S. Yoo*, Thomas Fetzer, Shan Jiang, Yong Huang

*Corresponding author for this work

Research output: Contribution to journalReview Articlepeer-review

Abstract (may include machine translation)

Due process in antitrust enforcement has significant implications for better professional and accurate enforcement decisions. Not only can due process spur economic growth, raise government credibility, and limit the abuse of powers according to law; it can also promote competitive reforms in monopolized sectors and curb corruption. Jurisdictions learn from the best practices in the investigation process, decision-making process, and the announcement and judicial review of antitrust enforcement decisions. By comparing the enforcement policies of China, the European Union, and the United States, this Article calls for better disclosure of evidence, participation of legal counsel, and protection of the procedural and substantive rights of the respondent in the investigation process. In conducting evidence review and arriving at punitive decisions, the enforcement agency should establish a separation between investigatory and adjudicatory functions. Finally, the issued punishment decision should contain more comprehensive information and be subject to judicial review.

Original languageEnglish
Pages (from-to)843-926
Number of pages84
JournalSouthern California Law Review
Volume94
Issue number4
StatePublished - 2021
Externally publishedYes

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