Due Process And Competition Law: Global Principles, Local Challenges, An Argentine Perspective

Click here to read the full article online

The right to due process is one of the fundamental guarantees on which the entire system of protection and respect for human rights is built. Due process plays a key role on competition enforcement proceedings. In this regard, competition authorities shall operate within a framework that ensures that fundamental due process rights of the parties concerned are respected. In this regard, when assessing the performance of authorities as well as of general antitrust law policy and enforcement in a specific country or region, the level in which due process is respected is fundamental. Argentina is no exception to this rule. We hope the enactment of the New Competition Act, as well as the recent improvements introduced under a rejuvenated enforcement, would provide the final launch of a vigorous enforcement and long term antitrust policy in Argentina, which shall show a definitive respect to the right of due process.