Table of Contents

Procedural Fairness in Competition Proceedings

Procedural Fairness in Competition Proceedings

ASCOLA Competition Law series

Edited by Paul Nihoul and Tadeusz Skoczny

How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.

Chapter 4: The emergence of a WTO antitrust jurisprudence through cross-fertilization from other international antitrust institutions: the case for procedural fairness as a necessary precondition

Amedeo Arena

Subjects: law - academic, competition and antitrust law

Abstract

Against the background of the asymmetric distribution of powers in antitrust matters among the WTO, the OECD, the UNCTAD, and the ICN, this chapter explores the potential for the development of a WTO antitrust jurisprudence through legal transplants of antitrust substantive rules from the OECD, the UNCTAD, and the ICN. In view of the uneven compliance with procedural fairness standards by those antitrust institutions, this chapter argues that adherence to those standards should be regarded as a necessary precondition for the development of a WTO antitrust jurisprudence through cross-fertilization from other international antitrust institutions. Keywords: WTO, OECD, UNCTAD, ICN, Antitrust, Competition, Cross-fertilization, Legal transplants, Dispute resolution.

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