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2 The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness

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, 2022. All Rights Reserved.date: 27 September 2022

Fair, reasonable, and non-discriminatory terms (FRAND) — Unfair trading conditions — Basic principles of competition law — Directorate-General for Competition — Organization for Economic Co-operation and Development (OECD)

This chapter explores the nature of procedural fairness issues in global antitrust. It explains the justifications for procedural fairness and the drivers for why such concerns have become significant in antitrust. It then explores global antitrust institutions to understand if and how global best practices are possible for antitrust procedural fairness. The chapter argues that procedural fairness remains a work in progress at the global level. Although a combination of hard law through free trade agreements and soft law through the Organization for Economic Co-operation and Developmen (OECD) and ICN can help bind competition authorities to higher standards of procedural fairness, global leadership by the major powers in competition law, i.e. the United States and the Directorate-General for Competition, is required. While the United States has championed a robust discussion and efforts to promote increased procedural fairness, the Directorate-General for Competition has not embraced procedural fairness with the same level of rigor in both public statements and actions both internally and in international organizations.

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