Procedural Fairness and Transparency in Competition Proceedings

By Antonio Capobianco & Gabriella Erdei – 

Procedural fairness includes rights of individuals and legal persons to “due process.” It regulates the relationship between citizens and the state, particularly the executive and judicial branches, and ensures that the state respects the rights that are owed to individuals according to the law. It is widely recognized that in order to ensure citizens’ confidence and belief in a fair legal system and in those applying the law, it is imperative that procedures regulating the relationship between the public sector and citizens are, and are generally perceived as, fair and transparent. The concepts of transparency and fairness have been identified as part of the basis of sound public administration both at national and international level. They apply to antitrust enforcement proceedings of competition agencies.

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