The International Chamber of Commerce (ICC), The Association of Corporate Counsel (ACC), the Association of in-house competition lawyers (ICLA), and the United States Council for International Business (USCIB) has welcome the announced approval of the International Competition Network (ICN) Framework for Competition Agency Procedures (CAP), as an encouraging step towards a more sound and fair competition enforcement across the globe.

ICC Secretary General John W.H. Denton AO said:

“Robust procedural guarantees are an essential part of any antitrust enforcement regime.  For many years ICC has promoted strengthening of due process principles. The CAP initiative is a great step in the right direction.”

The CAP highlights and reinforces important due process principles in competition law investigations such as transparency and predictability, confidentiality, conflict of interest, representation by counsel, appropriate notice, privilege, independent review and reasonable time period for investigations. Competition agencies, businesses and consumers around the globe, all stand to gain from reinforcement of these core principles.

The CAP’s endorsement of non-discrimination in antitrust enforcement is key in today’s global marketplace and addresses a pertinent issue at the interface of competition law and trade law.

Our members hope that most, if not all, competition agencies opt into the CAP in the near future.  We believe implementation of the CAP principles is key in any sound competition enforcement regime.

Read more about ICC’s work relating to Antitrust and competition