Agencies' Proposed International Antitrust Guidelines Hint At Aggressive Enforcement

The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines").¹ This would be the third iteration of international enforcement guidelines, following the Department of Justice's Antitrust Enforcement Guidelines for International Operations of 1988² and both agencies' Antitrust Enforcement Guidelines for International Operations of 1995³ (the "1995 Guidelines").

Executive Summary

The 2016 Proposed Guidelines contain no dramatic changes. They incorporate many of the principles of the 1995 Guidelines. Of note, they have been updated to (1) reflect certain developments in caselaw, particularly with respect to cases interpreting the Foreign Trade Antitrust Improvements Act of 1982 ("FTAIA")⁴ and (2) incorporate recent developments in agency practice relating to international cooperation.