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 …
