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FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions

Ethan E. Litwin, Dechert OnPoint, November 2016

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On November 1, 2016, the two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for International Enforcement and Cooperation. Much has changed since 1995. Today, international cartel cases account for a much more significant percentage of DOJ’s criminal enforcement than they did a generation ago. Likewise, international mergers were rarer in the years preceding the dot.com boom. The number and sophistication of antitrust enforcers and regulators outside of the United States has also grown exponentially since the 1990s, and convergence on a wide range of procedural and substantive issues has occurred thanks to the efforts of participants in the International Competition Network and other international organizations

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