DOJ And FTC Release Updated Antitrust Guidelines For International Enforcement And Cooperation

On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the "Agencies") issued updated Antitrust Guidelines for International Enforcement and Cooperation ("International Guidelines" or "Guidelines").¹ Among other changes to the prior version, issued in 1995, these Guidelines espouse a fairly aggressive, pro-enforcement view of the case law addressing limitations on the reach of U.S. antitrust law under the Foreign Trade Antitrust Improvements Act (FTAIA) aimed in particular at supporting DOJ's international cartel enforcement agenda.  

These International Guidelines supplant the 1995 "Antitrust Enforcement Guidelines for International Operations," and depart from that version in two key areas. First, as implied by the new title, they contain a lengthy new section describing how the Agencies will undertake international investigations and interact with antitrust agencies in foreign jurisdictions. This addition