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Soft law > General Antitrust

Antitrust Guidelines for International Enforcement and Cooperation

US Department of Justice and US Federal Trade Commission, Proposed Guidelines, November 2016 (Final Version Released in January 2017)

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In November 2016, the Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) released for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation. The proposed guidelines update the 1995 Antitrust Enforcement Guidelines for International Operations and provide guidance to businesses engaged in international activities on questions that concern the Agencies’ international enforcement policy as well as the Agencies’ related investigative tools and cooperation with foreign authorities. The proposed guidelines reflect the growing importance of antitrust enforcement in a globalized economy and the Agencies’ commitment to cooperating with foreign authorities on both policy and investigative matters. The proposed revisions restructure the previous guidelines in order to make the guidelines more useful and accessible by focusing on the questions of greatest significance to users. The proposed revisions also describe the current practices and methods of analysis the Agencies employ when determining whether to initiate and how to conduct investigations of, or enforcement actions against, conduct with an international dimension. Final guidelines were released in January 2017.