Antitrust Procedural Fairness
Published on 31. January 2019
Book
Hardback
304 pages
978-0-19-881542-6 (ISBN)
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.
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.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 20 mm
Weight
608 gr
ISBN-13
978-0-19-881542-6 (9780198815426)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
D. Daniel Sokol | Andrew T. Guzman
Antitrust Procedural Fairness
E-Book
01/2019
1st Edition
OUP eBook
€76.49
Available for download
D. Daniel Sokol | Andrew T. Guzman
Antitrust Procedural Fairness
E-Book
01/2019
1st Edition
OUP eBook
€76.49
Available for download
Persons
D. Daniel Sokol is a Professor at the Levin College of Law, University of Florida. He is an Honorary Fellow of the Indian Institute of Corporate Affairs, Fellow of the George Washington Law School Competition Law Center, and a member of the American Law Institute. He also serves as academic advisor to the US Chamber of Commerce.
Andrew T. Guzman is Dean and Carl Mason Franklin Chair in Law, and Professor of Law and Political Science at the University of Southern California Gould School of Law.
Andrew T. Guzman is Dean and Carl Mason Franklin Chair in Law, and Professor of Law and Political Science at the University of Southern California Gould School of Law.
Content
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
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