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5 Things To Know About New DOJ-FTC Int’l Antitrust Guide

Ethan Litwin, James Van Strander, Law360, January 25, 2017

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The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly issued an update to the agencies’ 1995 Antitrust Guidelines for International Enforcement and Cooperation on Jan. 13, 2017. The update to the guidelines, among other things, reflects the agencies’ views on two critical issues that affect foreign entities: (1) the scope of the extraterritorial application of U.S. antitrust law; and, (2) the circumstances under which comity concerns trump enforcement objectives. These issues have important consequences for both U.S. companies that conduct business abroad and foreign companies who do business in (or whose products find their way to) U.S. markets.

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