Assistant Attorney General Heralds Progress in Global Competition Enforcement Cooperation

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Friday, May 17, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
5
Abstract: 

On May 10, 2019, in remarks to the American Bar Association’s program on “Antitrust in the Americas,” in Buenos Ares, Argentina, Assistant Attorney General Makan Delrahim heralded progress in global competition enforcement cooperation. In June 2018, the U.S. announced cooperation with a group of leading competition agencies on an initiative for a Multilateral Framework on Procedures (MFP).  The initial group of competition agencies that developed this initiative included Brazil’s CADE, Canada’s Competition Bureau, Chile’s FNE, and Mexico’s COFECE.  The joint initiative had the goal of establishing fundamental procedural norms and achieving commitment from participating agencies to abide by these norms.  The MFP initiative combined widely accepted procedural fairness norms, such as transparency, non-discrimination, access to counsel, and judicial review, with an adherence, cooperation, and review mechanism. More than 50 competition agencies now participate in the MFP. On April 3, 2019, the International Competition Network (ICN) Steering Group adopted the norms in the MFP proposal, as well as meaningful adherence, review, and cooperation mechanisms within an ICN instrument in the form of the “Framework on Competition Agency Procedures” (CAP).