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Antitrust Alert: U.S. DOJ and FTC Publish Updated Antitrust Guidelines for International Enforcement with Goal to Maintain Agency Flexibility

Geoffrey D. Oliver et al., Jones Day Antitrust Alert, January 2017

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Following a review of public comments, the Department of Justice and Federal Trade Commission have issued the final version of the updated Antitrust Guidelines for International Enforcement and Cooperation. The final version of the International Guidelines tracks very closely the draft version published for public comment in November 2016. Public comments submitted to the Agencies raised several issues related to the enforcement and the cooperation aspects of the new Guidelines, but the Agencies made few changes in response to the comments.

The revised International Guidelines provide greater Agency flexibility on certain issues, and are consistent with somewhat more aggressive application of U.S. antitrust laws to cross-border and foreign conduct. Of course, the real test is how the new administration will choose to enforce the antitrust laws.

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