The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International Guidelines” or “Guidelines”). Among other changes to the prior version, issued in 1995, these Guidelines espouse a fairly aggressive, pro-enforcement view of the case law addressing limitations on the reach of US antitrust law under the Foreign Trade Antitrust Improvements Act (FTAIA) aimed in particular at supporting DOJ’s international cartel enforcement agenda.
These International Guidelines supplant the 1995 “Antitrust Enforcement Guidelines for International Operations,” and depart from that version in two key areas. First, as implied by the new title, they contain a lengthy new section describing how the Agencies will undertake international investigations and interact with antitrust agencies in foreign jurisdictions. This addition is motivated by the dramatic expansion in enforcement by competition authorities around the world as well as the dramatic increase in US cross-border antitrust enforcement. Second, the Guidelines contain an extensively revised discussion of the FTAIA, which defines the reach of the US antitrust laws when foreign commerce is at issue. This discussion summarizes the Agencies’ pro-enforcement perspective on the extensive jurisprudence developed in the lower courts applying the FTAIA following the Supreme Court’s seminal 2004 decision in Empagran.
Many of the provisions of the International Guidelines cover the same ground as the 1995 version. The Guidelines review the relevant US statutory provisions, describe the Agencies’ views on the reach of US law, and summarize the circumstances when the Agencies may forbear from enforcement due to considerations of comity or the involvement of foreign sovereigns in immunizing, compelling or carrying out the conduct in question. This part of the Guidelines is broadly consistent with the content of the 1995 version, incorporating mostly editorial changes, with two exceptions.
Full Content: JD Supra
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
FTC Withdraws Case Against Microsoft-Activision Merger, Citing Public Interest
May 23, 2025 by
CPI
Charter to Acquire Cox Communications in $35 Billion Deal
May 22, 2025 by
CPI
FTC Targets Media Watchdog Over Alleged Collusion Against Musk’s X
May 22, 2025 by
CPI
FTC Drops Antitrust Case Accusing Pepsi of Squeezing Small Retailers
May 22, 2025 by
CPI
Shein Warns of Higher Costs for French Shoppers Amid EU Fee Proposal
May 22, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Industrial Policy
May 21, 2025 by
CPI
Industrial Strategy and the Role of Competition – Taking a Business Lens
May 21, 2025 by
Marcus Bokkerink
Industrial Policy, Antitrust, and Economic Growth: Some Observations
May 21, 2025 by
David S. Evans
Bolder by Design: Crafting Pro-Competitive Industrial Policies For Complex Challenges
May 21, 2025 by
Antonio Capobianco & Beatriz Marques
Competition-Friendly Industrial Policy
May 21, 2025 by
Philippe Aghion, Mathias Dewatripont & Patrick Legros