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"Preface" [2015] ELECD 1109; in Nihoul, Paul; Skoczny, Tadeusz (eds), "Procedural Fairness in Competition Proceedings" (Edward Elgar Publishing, 2015) viii

Book Title: Procedural Fairness in Competition Proceedings

Editor(s): Nihoul, Paul; Skoczny, Tadeusz

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785360053

Section Title: Preface

Number of pages: 5

Extract:

Preface
Paul Nihoul and Tadeusz Skoczny

The intense debate about the enforcement of competition law has been
apparent for some time now. All agree that the way in which substantive
competition rules are enforced plays a crucial role in achieving the goals
of competition law. For this reason current studies focus more and more
often on the institutional structure of competition law enforcement, the
procedure used in proceedings before competition authorities and sanc-
tions are imposed for violation of competition rules. This book, however,
remains precisely within the field of such studies. It is focused on
procedural fairness. The book's authors concentrate on procedural guar-
antees that should be provided in competition proceedings. Still, they
very often pose the question of the importance of procedural fairness
vis-à-vis a need for effective enforcement of competition law. Special
attention is paid to such guarantees as the right to be heard (with focus
on access to evidence collected in the case file, access to oral hearings
and proper justification of anticompetitive charges), the right of defense
(with a focus on privilege against self-incrimination, legal professional
privilege, guarantees of proportionality of inspections), the right to
protection of business secrets and exchange of confidential information
as well as the right to judicial review.
At the same time, the book questions the need for greater convergence
of procedural rules used in competition proceedings. It may be observed
that the substantive rules of competition law prohibiting practices restrict-
ing competition and those regulating concentration ...