Due Process, Transparency and Procedural Fairness in Asian Antitrust

Competition Policy International Asia Column, January 2015

7 Pages Posted: 31 Jan 2015

See all articles by D. Daniel Sokol

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Date Written: January 26, 2015

Abstract

This essay begins with a discussion on defining procedural fairness. Then it explains why this is a particularly hot topic for Asian antitrust in 2015. Finally, this essay explores the benefit for increased procedural fairness in Asian antitrust. The push for increased transparency and due process comes not merely from the business community but from antitrust authorities themselves. Best practices involving due process and transparency are emerging and these best practices seem to clash with the practices of some jurisdictions in Asia. Some of these pressure points may become explosive in 2015, but Asian antitrust authorities have time and opportunity to improve their systems of due process and transparency before such concerns reach a crisis point.

Keywords: antitrust, competition law, Asia, due process, transparency, procedural fairness

JEL Classification: k21, L40, K41

Suggested Citation

Sokol, D. Daniel, Due Process, Transparency and Procedural Fairness in Asian Antitrust (January 26, 2015). Competition Policy International Asia Column, January 2015, Available at SSRN: https://ssrn.com/abstract=2555360

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

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