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Antitrust Procedural Fairness by Sokol, D Daniel; Guzman, Andrew T (24th January 2019)

1 Introduction

Andrew T. Guzman, D. Daniel Sokol

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 July 2019

Subject(s):
Fair, reasonable, and non-discriminatory terms (FRAND) — Unfair trading conditions — Basic principles of competition law — Enforcement and procedure — Jurisdictions

This introductory chapter provides an overview of the book's main themes. This book focuses on issues of procedural fairness and teases out common problems and distinct issues in particular jurisdictions. Each chapter by country was organized to answer the same set of questions: (1) Does your system permit legal representation for the parties under investigation, including allowing the participation of both local and foreign counsel? (2) Does your system notify the parties of the legal and factual bases of an investigation and share the evidence on which the agency relies? (3) Does your system provide for meaningful engagement between the parties and the agency's investigative staff and decision-makers? (4) From an institutional design perspective, does your system ensure internal checks and balances on decision-making within the agency by courts? The jurisdictions covered are the United States, European Commission, China, Taiwan, South Korea, Hong Kong, Japan, India, Brazil, Australia, and Canada.

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