This Article examines the procedure under the European Community’s Regulation No. 17 and compares it with the concept of a fair hearing as it exists in English and U.S. administrative law. Far from supporting the premise that the Commission's proceedings are fundamentally flawed and unfair, a proper comparison shows that they are fully in accordance with the common law desiderata for a fair procedure. In many respects they not only meet, but also exceed, the common law standard. In the process, this Article will correct some of the more egregious misstatements which have been made regarding the alleged “unfairness” of the procedure under Regulation No. 17.
Julian M. Joshua,
The Right to be Heard in EEC Competition Procedures,
15 Fordham Int'l L.J. 16
Available at: http://ir.lawnet.fordham.edu/ilj/vol15/iss1/2