On Nov. 1, 2016, the Federal Trade Commission (FTC) issued a press release announcing that the FTC and the Department of Justice’s (DOJ’s) Antitrust Division are seeking public comment on proposed Antitrust Guidelines for International Enforcement and Cooperation, to update the guidelines that were issued in 1995. The guidelines provide information to businesses concerning the agencies’ antitrust enforcement policy on international activities as well as their related investigative tools and cooperation with foreign authorities.

The FTC stated that 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 describe the current practices and methods of analysis the agencies employ when determining whether to initiate and how to conduct investigations of conduct that has an international dimension.