Antitrust Guidelines for International Operations

On April 5, 1995, the US Department of Justice and the Federal Trade Commission (the "agencies") issued joint Antitrust Guidelines for international operations. The Guidelines replace earlier versions issued by the two agencies. They combine an assertion of US jurisdiction over extraterritorial conduct with a sensitivity to foreign law and policy.

An enforcement philosophy

The Guidelines focus on jurisdiction and comity, rather than on substantive antitrust law. This is consistent with the agencies' underlying enforcement philosophy: if jurisdiction exists and, after a consideration of comity and doctrines of foreign government involvement the agencies decide to act, the same substantive rules apply in all cases, whether domestic or international. The nationality of the parties should not change the result. (Guidelines, Section 2).