9780192547484 (electronic book) 0192547488 (electronic book) 9780198815426 0198815425
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.
Formatted Contents Note
Introduction / Andrew T. Guzman and D. Daniel Sokol The case for global best practices in antitrust due process and procedural fairness / D. Daniel Sokol Procedural fairness in antitrust enforcement : the U.S. perspective / Christopher S. Yoo and Hendrik M. Wendland Due process in EU competition proceedings / Marek Martyniszyn Procedural fairness in Chinese antitrust / Jingyuan (Mary) Ma and D. Daniel Sokol Due process and transparency requirements for investigating competition cases in Taiwan / Andy C.M. Chen Procedural fairness in Hong Kong competition Law / Kelvin Hiu Fai Kwok and Thomas K. Cheng Procedural fairness in Japan : administrative fines as a window /Tadashi Shiraishi Procedural fairness in India / Avirup Bose and Sagardeep Rathi Due process of law and the Brazilian antitrust agency / Paula A. Forgioni and Alessandra Forgioni Procedural fairness and transparency in Australian merger regulation and the use of enforceable undertakings / Wendy Ng Accountability, private rights of action and Canadian competition institutions / Edward M. Iacobucci Form follows function / Sean Heather Due process in competition law proceedings : practical considerations of a consensus awaiting convergence /Paul O'Brien.
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