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
Sullivan & Cromwell Names New Antitrust Co-Head
Nov 1, 2026 by
CPI
Danish Furniture Brand Hübsch Fined €670,000 in Price-Fixing Case
Nov 1, 2026 by
CPI
UK Court Backs Ofcom in Legal Battle With Meta, TikTok and X
Nov 1, 2026 by
CPI
House Democrat Targets Trump’s Antitrust Settlements With New Oversight Bill
Nov 1, 2026 by
CPI
Vail Resorts, Alterra Seek Dismissal of Ski Price-Fixing Suit, Deny Collusion Claims
Nov 1, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Exclusive Dealing
Oct 25, 2026 by
CPI
Exclusive Dealing Without Exclusivity: Screening Contracts, Loyalty Rebates, and the Limits of Antitrust Tests
Oct 25, 2026 by
David Martimort & Jérôme Pouyet
When Competition for Exclusivity Raises Prices: Rebates, Pricing Rules, and the Insulin Puzzle
Oct 25, 2026 by
Daniel P. O’Brien & Greg Shaffer
Why Leaving the Door Open Can Be (Much) Worse Than Closing It: Share-Based Requirements, Buyer-Specific Costs, and Foreclosure
Oct 25, 2026 by
Zhijun Chen & Greg Shaffer
Antitrust Chronicle® – EU Merger Guidelines
Oct 19, 2026 by
CPI