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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.
This book investigates the critical, yet often overlooked, role of procedural fairness and due process within the global framework of antitrust law. Authors Andrew T. Guzman and D. Daniel Sokol address the disparity between substantive legal scholarship and the practical application of procedural standards. By examining how transparency and due process influence antitrust outcomes, the authors argue that procedural integrity is a fundamental building block for effective competition policy. The work provides a comparative analysis across various jurisdictions to identify common challenges and systemic inefficiencies.
What You Will Find
Experts identify this work as a significant contribution to the field of competition law, specifically for its focus on the often-neglected procedural aspects of antitrust enforcement. Legal scholars and practitioners frequently cite the text for its comparative approach and its utility in understanding the intersection of due process and global regulatory policy.
Page Count:
304
Publication Date:
2019-03-31
Publisher:
Oxford University Press
ISBN-10:
0198815425
ISBN-13:
9780198815426
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