Antitrust Procedural Fairness
Antitrust Procedural Fairness
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Abstract
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 — and to our knowledge no book-length 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.
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Front Matter
- 1 Introduction
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2
The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness
D Daniel Sokol
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3
Procedural Fairness in Antitrust Enforcement: The U.S. Perspective
Christopher S Yoo andHendrik M Wendland
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4
Due Process in EU Competition Proceedings
Marek Martyniszyn
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5
Procedural Fairness in Chinese Antitrust
Jingun (Mary) Ma andD Daniel Sokol
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6
Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan
Andy C M Chen
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7
Procedural Fairness in Hong Kong Competition Law
Kelvin Hiu Fai Kwok andThomas K Cheng
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8
Procedural Fairness in Japan: Administrative Fines as a Window
Tadashi Shiraishi
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9
Procedural Fairness in India
Avirup Bose andSagardeep Rathi
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10
Due Process of Law and the Brazilian Antitrust Agency
Paula A Forgioni andAlessandra Forgioni
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11
Procedural Fairness and Transparency in Australian Merger Regulation and the Use of Enforceable Undertakings
Wendy Ng
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12
Accountability, Private Rights of Action, and Canadian Competition Institutions
Edward M Iacobucci
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13
Form Follows Function
Sean Heather
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14
Due Process in Competition Law Proceedings: Practical Considerations of a Consensus Awaiting Convergence
Paul O’Brien
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End Matter
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