Due Process in Competition Cases: Bridging the Gap

U.S. antitrust decisions are made by judges in a neutral and independent judiciary – except for internal FTC proceedings. By contrast, most foreign competition laws are enforced by administrative agencies, which offer more limited procedural protections.  Advocacy and discussion of improved due process have been active for decades, but change has been imperceptible.  The leading efforts have involved broad multilateral government and agency groups – OECD and ICN.  For a time, the U.S. als