Participation in Antitrust Proceedings in Member Countries as Amicus Curiae
| Date | 01 December 1977 |
| Published date | 01 December 1977 |
| DOI | 10.1177/0003603X7702200407 |
| Subject Matter | Article |
PARTICIPATION IN
ANTITRUST
PROCEEDINGS
IN
MEMBER
COUNTRIES AS AMICUS CURIAE
by
ORGANIZATION
FOR
ECONOMIC
COOPERATION
AND
DEVELOPMENT
PREFACE
This report by the Committee of
Experts
on Restrictive
Bnsiness Practices deals with the subject of participation by
third
parties
in
antitrust
proceedings in OECD Member coun-
tries, known, particularly in the United States, as "amicus
curiae" briefs or memoranda. After a definition of this pro-
cedure, the
report
considers the extent to which national
courts or administrative authorities allow the submission of
views by parties not directly concerned in the proceedings,
with special reference to views submitted by foreign govern-
ment agencies in national restrictive business practices pro-
ceedings, and, finally, draws some conclusions. The Annex
lists by country and in summary form the main forums, agen-
cies or tribunals which make rulings or decisions in restric-
tive business practices cases.
863
864
THE
ANTITRUST
BULLETIN
Report
on 'Amicus
Curiae'
Briefs
or
Memoranda
in
Restrictive
Business
Practices
Proceedings
I.
Definition
1.
'Amicus
curiae'
(literally
"friend
of
the
court")
has
been
variously
defined
in
the
legal
practice
of
several
Member
countries
although
it
appears
to
be
essentially
an
aspect
of
United
States
court
procedure.
The
function
of
'amicus
curiae'
relates
to
a
person
who,
without
any
financial
or
proprietary
interest
of
his
own
in
the
outcome
of
a
particular
proceeding,
volunteers
his
assistance
to
the
court
or
other
tribunal
in
reaching
a
decision,
by
offering
relevant
information
or
advice.
The
information
or
advice
may
relate
to
factual
as
well
as
to
legal
aspects
of
the
.case,
with
respect
to
which
the
court
or
other
tribunal
is
i~sufficiently
informed,
or
mistaken
or
doubtful(1).
2.
This
definition
would
appear
therefore
to
concern
only
judicial
proceedings
but
throughout
this
report
'amicus
curiae'
will
be
interpreted
to
mean
any
voluntary
intervention
by any
person
before
a
judicial
or
administrative
authority
with
the
aim
of
presenting
a
view
or
some
relevant
information
to
such
authority
in
a
particular
cadet
II.
(1)
Two
jUdges have
thus
defined
this
function:
Jowitt,
(1959) (U.K.) - "A
friend
of
the
court,
that
is
to
say,
a
person,
whether
a member
of
the
bar
not
engaged
in
the
case
or
any
other
bystander,
who
calls
the
attention
of
the
court
to
some
decision,
whether
reported
or
unreported,
or
some
point
of
law
which would
appear
to
have
been
over-
looked."
Black,
(1968)
(U.S.)
- "A
bystander
who
interposes
and vo
lun-
teers'information
upon some
matter
of
law
in
regard
to
which
the
judge
is
doubtful
or
mistaken
or
upon a
matter
of
which
the
court
may
take
judicial
cognizance.
Also a
person
who
has
no
right
to
appear
in
a
suit
but
is
allowed
to
introduce
argument,
authority,
or
evidence
to
p-+otect
his
interests."
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