A transparent and fair competition enforcement process ensures the impartial and reasonable treatment of subjects of competition investigations. It also improves the accuracy and comprehensiveness of competition enforcement decisions, by making sure that all arguments are heard. Observing due process reinforces the legitimacy of competition enforcement and its credibility vis-à-vis interested parties as well as all citizens.
Transparency and procedural fairness were also recognised as enforcement standards in OECD legal instruments concerning competition law enforcement. The OECD Council Recommendation on International Co-operation in Competition Investigations and Proceedings recognises that transparent and fair processes are essential to achieving effective and efficient co-operation in competition law enforcement. The OECD Council Recommendation on Merger Review requires that merger laws should ensure procedural fairness for merging parties. The OECD Council Recommendation on Effective Action against Hard Core Cartels regulates important aspects of enforcement powers and investigation and decision-making against hard core cartels. |
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