Procedural Fairness – Transparency Issues in Civil and Administrative Enforcement Proceedings

The roundtable discussion highlighted the importance of transparency and procedural fairness for the parties involved in competition proceedings, as well as for efficient and effective case management by the competition authority. Delegates observed that an established and predictable decision-making process benefits from procedural transparency and fairness. Procedural rights differ significantly from one jurisdiction from another, but most countries ensure, in one form or another, to the parties to an antitrust investigation the opportunity to obtain sufficient and timely information about material competitive concerns, a meaningful opportunity to respond to such concerns, and the right to seek review by a separate adjudicative body of final adverse enforcement decisions.