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Vol 23 No 8 Aug/Sept 18

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Service Charges: Law and Practice

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Antitrust Procedural Fairness

Edited by: D. Daniel Sokol, Andrew T. Guzman

ISBN13: 9780198815426
To be Published: January 2019
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £95.00



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, and to our knowledge no book length 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.

Subjects:
Competition Law
Contents:
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.: United States, Christopher Yoo
4.: Europe, Marek Martyniszyn
5.: China, Mary Ma and D. Daniel Sokol
6.: Taiwan, Andy Chen
7.: Korea, Yong Lim
8.: Hong Kong, Thomas Chen and Kelvin Kwok
9.: Japan, Tadashi Shiraishi
10.: India, Avirup Bose
11.: Brazil, Paula Forgioni
12.: Australia, Wendy Ng
13.: Canada, Ed Iacobucci
14.: A View from US Business, Sean Heather
15.: A View from European Business, Patrick Hubert, Michael Blechman, Caroline Inthavisay, Paul Lugard, and Anne Riley