n Without Prejudice - Balancing rights to a fair trial while preserving the integrity of the investigative process : competition law

Volume 10, Issue 9
  • ISSN : 1681-178X



In specific circumstances the Competition Commission restricts access to its full record by claiming litigation privilege over certain documents. Without access to the complete Commission investigation record, would respondents' fair hearing rights be compromised, and if so, would this constitute undue encroachment on the respondents' ability to meet a case made against them. In contrast, would unrestricted access to the Commission's investigation notes have a chilling effect on the investigative process?

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