Concrete Products

MAY 2019

Concrete Products covers the issues that attract producers of ready mixed and manufactured concrete focusing on equipment and material technology, market development and management topics.

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14 • May 2019 www.concreteproducts.com GOVERNMENT AFFAIRS AGENCIES From the U.S. Department of Justice Anti- trust Division … In a move that might inform regulatory review of future merg- ers or acquisitions involving multinational construction materials producers and North American targets, the International Com- petition Network (ICN) Steering Group has unanimously approved a multilateral framework on procedures among antitrust enforcement agencies globally to promote fundamental due process in competition law investigation and enforcement. The framework is based on the principles of the Antitrust Division's Multilateral Framework on Procedures (MFP), an initiative that was originally announced by Assistant Attorney General Makan Delrahim at the Council of Foreign Relations in June 2018. Justice Antitrust Division advances investigation, enforcement framework The Antitrust Division, in consultation with a dozen leading competition agencies from around the world, developed the pro- posal, which was then introduced to the global antitrust community last fall and received over- whelming support. At the request of several partner agencies, the Division agreed to imple- ment the proposed arrangement through the ICN to take advantage of existing structures and reduce administrative burdens. The multilateral framework implements this initiative by utiliz- ing established ICN institutions and processes, and will be open to all national, supranational, and customs territory-specific competition agencies around the world, whether or not a member of the ICN. The agreement recognizes fundamental principles of transparency and procedural fair- ness in antitrust enforcement and promotes review mechanisms to ensure that participating agencies abide by these norms, Antitrust Divi- sion officials contend. Adopting the substance of the Division-initiated proposal, the frame- work identifies universal due process principles that are widely accepted across the globe, including commitments regarding non-dis- crimination; transparency and predictability; proper notice; access to information; mean- ingful and timely engagement; opportunity to defend; timely resolution of proceedings; con- fidentiality protections; avoidance of conflicts of interest; access to counsel and privilege; written enforcement decisions and public access to decisions; and, availability of inde- pendent review of enforcement decisions. As in the original proposal, the framework com- plements these substantive norms with review mechanisms designed to ensure meaningful compliance, including consultations, agency reports on implementation, and periodic assess- ment meetings. "Adopting the Framework on Competition Agency Procedures is a historic achievement for antitrust enforcement," said Assistant AG Del- rahim. "It sends a clear signal that competition agencies across the globe—despite differences in their structures and proceedings, as well as the legal systems in which they operate—are committed to procedural fairness. We are grate- ful that the framework approved by the ICN Steering Group, in record time, is equivalent in all respects to the principles of the MFP that was originally proposed by the Antitrust Division. By combining strong substantive prin- ciples with meaningful review mechanisms, it goes well beyond anything competition agen- cies have ever done before." Beginning this month, the framework will be open for signature to all national, supranational, and customs territory-specific competition agencies, including ICN member and non-member agencies. It will come into effect at an inauguration ceremony of the charter participants during the ICN annual conference in Cartagena, Colombia. custom concrete production equipment tailored to your specifications 1.800.657.5420 www.nationalconcrete.com concrete batch plants silos aggregate handling cement handling dust control automation systems retrofits turnkey services < < < < < < NATIONAL CONCRETE ® CUSTOM CONCRETE PRODUCTION EQUIPMENT

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