Full Description
Much of antitrust law scholarship has focused on substantive legal issues - theories of harm and changing law and policy. Surprisingly, there has been very little work that is comparative, on a fundamental element that is a critical building block to effective policy - procedural fairness. Procedural fairness encompasses issues of transparency and due process.
Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes.
This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions, allowing for a rethink of creating a more effective system for procedural fairness, and explores these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged.
Contents
1: Andrew T. Guzman and D. Daniel Sokol: Introduction
2: D. Daniel Sokol: The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness
3: Christopher Yoo and Hendrik Wendland: Procedural Fairness in Antitrust Enforcement: The U.S. Perspective
4: Marek Martyniszyn: Due Process in EU Competition Proceedings
5: Mary Ma and D. Daniel Sokol: Procedural Fairness in Chinese Antitrust
6: Andy C. M. Chen: Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan
7: Kelvin Hiu Fai Kwok and Thomas K. Cheng: Procedural Fairness in Hong Kong Competition Law
8: Tadashi Shiraishi: Procedural Fairness in Japan: Administrative Fines as a Window
9: Avirup Bose and Sagardeep Rathi: Procedural Fairness in India
10: Paula A. Forgioni and Alessandra Forgioni: Due Process of Law and the Brazilian Antitrust Agency
11: Wendy Ng: Procedural Fairness and Transparency in Australian Merger Regulation and the use of Enforceable Undertakings
12: Edward M. Iacobucci: Accountability, Private Rights of Action and Canadian Competition Institutions
13: Sean Heather: Form Follows Function
14: Paul O'Brien: Due Process in Competition Law Proceedings: Practical Considerations of a Consensus Awaiting Convergence
