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

13 Form Follows Function

Sean Heather

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: 21 September 2019

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

This chapter discusses the concepts of form and function in antitrust law. Over the last fifty years, the world has seen the proliferation of antitrust laws and corresponding enforcement authorities steadily advance their way around the world. Much of this advancement was spurred by the United States encouraging all to adopt a free market approach to managing an economy. Given that antitrust law and authorities take on different functions in different jurisdictions, the business community has looked to process to provide form as an influencer over its function. Although there is little doubt that good form does impact function, time will tell whether or not fundamental values that support transparency and underpin due process serve as a common denominator to countering misguided antitrust outcomes and divergent approaches to the role of antitrust.

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