Procedural fairness is a broad term that can mean different things to different people. This panel will consider the impact which adherence to principles of procedural fairness has on the ability of authorities to avoid erroneous decisions and formulate sound competition policies. Aspects that will be considered include procedural aspects such as:

• Granting early access to the file
• Respecting legal privileges
• Appropriate sharing of information among agencies and the relevance of consent of the parties
• Granting access to third-party witness interviews and cross-examination of witnesses at oral hearings
• Offering the ability to make oral presentations
• Providing detailed Statement of Objections
• Offering the ability to adequately comment on all the facts that the authority intends to rely on in its decision
• Assuring the ability to be represented by counsel