Comparative Law Researches

Comparative Law Researches

Fair Trial in Anti-competitive Proceeding in the Light of Foreign Law Provisions

Document Type : مقالات علمی پژوهشی

Authors
Reza khoshnodi 1
Mina Hosseini 2
1 Faculty of Law, Shahid Beheshti University ,Tehran,Iran
2 P.h.d. of Faculty of Law, Shahid Beheshti University ,Tehran,Iran
Abstract
Observance of fair trial principles in the competition infringement proceeding is one of the most important issues in procedural law. The importance of the issue lies in the fact that the process of investigation and prosecution held by the sovereignty and the accused economic undertaking does not play a role in it; hence, in most legal systems, in competition proceeding, the accused party has some rights including the right to access to the file, the right to be heard and the right to have legal representative and the competition authority has some duties as well؛ such as the duty to confidentiality, the duty to act within reasonable time and the duty to give reason.

Using the experience of other legal systems and the observance of fair trial principles by Competition Council can help to promote the competition law in Iran. This article reviews the procedural rights of economic undertakings and the duties of competition authority in two separate parts.
Keywords
Competition Law
Fair trial
Competition Proceeding

Subjects


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