Title: Procedural fairness in the proceedings before the competition authority
Author: Maciej Bernatt
Series: Antitrust and Regulatory Studies and Monographs (7)
Publisher: University of Warsaw Faculty of Management Press
Place of publishing: Warsaw
Year of publishing: 2011
The book by Dr Maciej Bernatt Procedural fairness in the proceedings before the competition authority scrutinizes the level of protection of procedural fairness in the proceedings before two competition authorities: the President of the Polish Office of Competition and Consumers Protection and the Commission of the European Union. The author posits that the enforcement of competition law should not only be effective but also fair. Thus, legal mechanisms of competition proceedings must guarantee an appropriate level of protection of procedural fairness. The author analyses competition procedure from the perspective of the distinguished guarantees of procedural fairness - the right to be heard, the right to equal participation in the proceedings, the right of defence, the right to protection of business secrets and other confidential information and the right to judicial review and judicial control over administrative proceedings. The deficiencies of the proceedings before the competition authorities are shown with respect to each guarantee. You can download the book in pdf file together with abstract in English here.