Notes From a Small Island: Natural Justice and the Institutional Design and Practice of Competition Authorities and Appellate Courts
Tim Johnston, Robert O’Donoghue, Sep 11, 2014
The relationship between the institutional design, decision-making powers, and policy-making functions of competition authorities raises a diverse range of complex issues. These include how the authority’s independence can be safeguarded, how it is funded, how to optimize resources, how to avoid confirmation bias, how to relate with non-competition authorities (e.g., sectoral regulators with concurrent powers or overlapping jurisdiction), and the relationship with the judiciary. This article starts from the optimistic — not to mention extremely presumptuous — position of trying to use the concepts of natural justice and procedural fairness as developed in the United Kingdom as something of a template for good practice and institutional design in competition law decision-making and appeals generally. Apart from familiarity (from the authors’ perspective), there are some good reasons to do so. First, outside the realms of antiquity, the United Kingdom can lay a fair claim to popularizing the notion of a rule of law. Second, the United Kingdom is one of the oldest and most prominent adopters of a system of adversarial justice where the ability to challenge evidence remains paramount. Third, the common law is characterized as much by pragmatism as strict principle.
Featured News
Beumer Challenges EU Decision on Vanderlande-Siemens Merger Review
Jul 26, 2026 by
CPI
China Fines Trip.com US$765 Million in Major Antitrust Enforcement Action
Jul 26, 2026 by
CPI
House Judiciary Panel Launches Antitrust Inquiry Into Compass and MRED
Jul 26, 2026 by
CPI
Paramount Delays Warner Bros. Discovery Merger Until Antitrust Case Moves Forward
Jul 26, 2026 by
CPI
Judge Pushes Elite College Financial Aid Antitrust Trial Toward Thanksgiving Finish
Jul 23, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Antitrust Compliance
Jul 20, 2026 by
CPI
Your Antitrust Compliance Program: A Strong Voice in Your Defense
Jul 20, 2026 by
Joe Murphy
Antitrust Compliance for the AI Pricing Era
Jul 20, 2026 by
Alejandra Uria & Andre Geverola
Race to Report: Antitrust Leniency in the Whistleblower Era
Jul 20, 2026 by
Brian R. Faerstein & Nicole H. Sprinzen
Antitrust-By-Design: Competition Compliance in Digital Markets
Jul 20, 2026 by
Marcos Drummond Malvar, Gabriela Costa Carvalho Forsman & Luciana Mendes