May 02, 2017


WASHINGTON, D.C. – The U.S. Chamber of Commerce today released its latest antitrust practitioner survey, which sought feedback based on practitioner experiences in working with enforcement agencies on matters of transparency and due process in investigative proceedings. The survey measured practitioner views on adherence to guidance issued by the International Competition Network (ICN) in 2015. While practitioners indicated that the guidance was effective in establishing international recommended best practices, consistency with regard to adherence to the guidance was flagged as a concern across different case teams within an agency.

“Process and substance are connected. Better competition enforcement decisions are the result of transparency and adherence to good procedural practices,” said Sean Heather, vice president for the Chamber’s Center for Global Regulatory Cooperation (GRC). “It is our hope that the survey results spur constructive conversations between practitioners and enforcement agencies.”

The survey targeted practitioners from 14 different jurisdictions: Australia, Brazil, Canada, the European Union, France, Germany, India, Japan, Korea, Mexico, South Africa, Taiwan, the United Kingdom, and the United States. Practitioners gave high marks to the United States, United Kingdom, and the European Union, while flagging the need for greatest improvement within India, Japan, and Taiwan. The full survey results are available here.

“Every jurisdiction has room to improve. The best agencies are those looking to implement policies such as the ICN guidance on the investigative process. This survey serves as a feedback loop for those agencies interested in seeking continual improvement,” Heather added.

The mission of the U.S. Chamber of Commerce’s GRC is to align trade, regulatory, and competition policy in support of open and competitive markets. The work of the GRC for many years has been, in part, focused on the opportunities and challenges presented by a world with more than 100 competition authorities.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations. Its International Affairs division includes more than 70 regional and policy experts and 25 country- and region-specific business councils and initiatives. The U.S. Chamber also works closely with 117 American Chambers of Commerce abroad.