The MFP as it stands is not a formal treaty, but rather an agency-to-agency arrangement, uniquely situated to foster compliance in market competition enforcement. Though there is no formal dispute settlement mechanism, there will be incentives for countries to comply. To that end, the MFP is set to be discussed and finalized in Paris later this week. Delrahim will formally extend an invitation to the 140 various competition agencies to sign onto the framework. He expressed hope that all agencies will sign on, and that the reputational blowback of not signing will encourage even reluctant competition agencies to accept the new framework.
Newly merged Bryan Cave Leighton Paisner LLP is uniquely positioned to advise clients and entities in this space. For questions or more information, please contact the Antitrust and Competition team.
1. Assistant Attorney General Makan Delrahim Delivers Remarks on Global Antitrust Enforcement at the Council on Foreign Relations, The United States Department of Justice (June 1, 2018), available at https://www.justice.gov/opa/speech/assistant-attorney-general-makan-delrahim-delivers-remarks-global-antitrust-enforcement.
3. Victoria Graham, Justice Department Sets Goal for Global Antitrust Framework Bloomberg Law (June 1, 2018), available at https://www.bna.com/justice-department-sets-n73014476179/.