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ICC Competition Commission Task Force on Due Process Adds Kaye Scholer’s Jennifer Patters…

December 19, 2012

ICC Competition Commission Task Force on Due Process Adds Kaye Scholer’s Jennifer Patterson as Co-Chair

New York — The International Chamber of Commerce (ICC) has appointed Kaye Scholer Antitrust Partner Jennifer Patterson Co-Chair of the ICC Competition Commission Task Force on Due Process. Among other things, the Task Force will update a 2010 paper on due process in European Union antitrust proceedings in light of recent developments in EU competition law. This paper will be submitted to the Directorate General for Competition at the European Commission, and will present the views of the international business community on best practices for ensuring due process and procedural fairness in EU antitrust cases.

The Task Force, led by Patterson and Co-Chair Gerald Brei of the Swiss law firm Homburger, will examine recent decisions from European courts concerning the applicability of due process rights under the European Convention on Human Rights to the imposition of antitrust fines, as well as the adequacy of appellate review under the enforcement regimes of the EU and its member countries. The analysis will include an examination of, and comparison with, the due process guarantees built into the US approach to adjudicating competition cases.

“Competition law has recently undergone many significant developments around the world, which highlight the need to focus on due process, both to guarantee fairness to stakeholders and to bolster the prestige and standing of the antitrust enforcement agencies.” Patterson explained. “These changes include the introduction of new or restructured enforcement regimes in many countries and evolving interpretations of existing competition law in Europe. I am excited to work with Gerald Brei to lead this effort to promote due process principles from the perspective of the international business community.”

Saul Morgenstern, Co-Chair of Kaye Scholer’s Antitrust Practice Group, said that the firm was pleased with the appointment, and supported Jennifer’s efforts on behalf of ICC: “Jennifer is uniquely suited to the task ahead, given her understanding of international competition issues, her background in foreign relations and her negotiation skills.” Morgenstern added that “I expect that she and Gerald will deliver great value to ICC and its members.”

The ICC Commission on Competition ensures that modern business needs and the realities of global markets are taken into account in the formulation and implementation of competition laws and policies. It contributes business expertise and experience to the work of the International Competition Network in areas of competition policy implementation, unilateral conduct, cartels and mergers. In addition, it contributes the business perspective to international discussions on due process principles in competition law, and provides input to proposals on EU competition law reform in areas such as vertical restraints, horizontal agreements and enforcement by private parties and also gives international business views on competition policy developments in different regions. The commission gathers over 300 experts on competition law, including legal advisors from industrial and commercial enterprises and lawyers in private practice, from 40 countries. Kaye Scholer has a long history of working with the ICC Commission on Competition. Kaye Scholer Senior Counsel Michael D. Blechman currently serves as Vice-Chair of the Commission.

Patterson practices complex commercial litigation, focusing in antitrust, for both major US and foreign corporations. She has handled a wide range of litigations from inception through trial and post-trial proceedings, as well as appeals. Her experience in complex litigation complements her work with clients in evaluating the antitrust aspects of and seeking clearance for mergers and in conducting internal investigations. Ms. Patterson has counseled and represented clients in such industries as rail freight transportation, auto parts, commercial real estate development, biometric identification, pharmaceuticals, poultry breeding, food additives, pesticides, publishing, aircraft parts, optical film, insurance and flat glass manufacturing.

About Kaye Scholer LLP

Founded in New York in 1917, Kaye Scholer combines the continuity and business acumen of a century-old law firm with a forward-looking, tech savvy, results-driven approach focused around lasting client relationships. With industry strengths in life sciences, financial services, technology, real estate and energy & infrastructure, Kaye Scholer offers strategic guidance and legal services to public and private entities facing litigation, transactional or governance challenges. Kaye Scholer’s lawyers regularly advise on matters across multiple legal jurisdictions, including in the US, Canada, UK, EU, China and Japan.

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Andrea Orzehoski
PR & Communications Manager Kaye Scholer

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