Antitrust Procedural Fairness
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Product details:
- Publisher OUP Oxford
- Date of Publication 31 January 2019
- ISBN 9780198815426
- Binding Hardback
- No. of pages304 pages
- Size 241x165x25 mm
- Weight 614 g
- Language English 0
Categories
Short description:
This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
MoreLong 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.
Table of Contents:
Introduction
The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness
Procedural Fairness in Antitrust Enforcement: The U.S. Perspective
Due Process in EU Competition Proceedings
Procedural Fairness in Chinese Antitrust
Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan
Procedural Fairness in Hong Kong Competition Law
Procedural Fairness in Japan: Administrative Fines as a Window
Procedural Fairness in India
Due Process of Law and the Brazilian Antitrust Agency
Procedural Fairness and Transparency in Australian Merger Regulation and the use of Enforceable Undertakings
Accountability, Private Rights of Action and Canadian Competition Institutions
Form Follows Function
Due Process in Competition Law Proceedings: Practical Considerations of a Consensus Awaiting Convergence
