Procedural Fairness in Antitrust Enforcement: A Comparative Analysis

This article examines procedural fairness as the architecture of antitrust enforcement and compares how major jurisdictions address it across the lifecycle of investigations and sanctions. It argues that formal rights alone are insufficient and emphasizes the usability of rights at critical moments, highlighting recurring weaknesses in notice, access to evidence, timing, and review in the various jurisdictions. Key themes include the need for meaningful pre- and post-search controls, early and c