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.
1.: Introduction, Andrew T. Guzman and D. Daniel Sokol
2.: The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness, D. Daniel Sokol
3.: Procedural Fairness in Antitrust Enforcement: The U.S. Perspective, Christopher Yoo and Hendrik Wendland
4.: Due Process in EU Competition Proceedings, Marek Martyniszyn
5.: Procedural Fairness in Chinese Antitrust, Mary Ma and D. Daniel Sokol
6.: Due Process and Transparency Requirements for Investigating Competition Cases in Taiwan, Andy C. M. Chen
7.: Procedural Fairness in Hong Kong Competition Law, Kelvin Hiu Fai Kwok and Thomas K. Cheng
8.: Procedural Fairness in Japan: Administrative Fines as a Window, Tadashi Shiraishi
9.: Procedural Fairness in India, Avirup Bose and Sagardeep Rathi
10.: Due Process of Law and the Brazilian Antitrust Agency, Paula A. Forgioni and Alessandra Forgioni
11.: Procedural Fairness and Transparency in Australian Merger Regulation and the use of Enforceable Undertakings, Wendy Ng
12.: Accountability, Private Rights of Action and Canadian Competition Institutions, Edward M. Iacobucci
13.: Form Follows Function, Sean Heather
14.: Due Process in Competition Law Proceedings: Practical Considerations of a Consensus Awaiting Convergence, Paul O’Brien
Edited by D. Daniel Sokol, Professor, University of Florida, and Andrew T. Guzman, Dean, USC Gould School of Law
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.
Contributors:
Avirup Bose, Jindal Global Law School
Andy Chen, Chung Yuan Christian University
Thomas K. Cheng, University of Hong Kong
Paula Forgioni, Universidade de São Paulo
Alessandra Forgioni
Andrew T. Guzman, USC Gould School of Law
Sean Heather, Chamber of Commerce of the United States of America
Patrick Hubert, Orrick
Ed Iacobucci, University of Toronto Faculty of Law
Kelvin Hiu Fai Kwok, University of Hong Kong
Mary Ma, Central University of Finance and Economics
Marek Martyniszyn, Queen’s University Belfast
Wendy Ng, Melbourne Law School
Paul O’Brien, Federal Trade Commission
Sagardeep Rathi, Khaitan & Co
Tadashi Shiraishi, University of Tokyo Faculty of Law
D. Daniel Sokol, University of Florida Levin College of Law
Hendrik Wendland, Univesity of Pennsylvania Law School
Christopher Yoo, University of Pennsylvania Law School
