Towards Fairness and Transparency in Agency Antitrust Investigations and Cases

By Roy Hoffinger –

As many jurisdictions enter the field of or intensify their enforcement of competition law, and agencies adopt decisions that benefit local competitors and customers at the expense of foreign companies, members of the business and academic communities are concerned that the outcomes of agency decisions may not reflect the application of sound competition law principles to a complete and accurate record. Greater skepticism may be warranted where the same organization acts as investigator, prosecutor, judge and jury. The prevailing system in such jurisdictions provides enormous incentives to agencies to rule against the respondent in an investigation, especially when the respondent is a citizen of a different jurisdiction.