DOJ, FTC Seek Public Comment on Revisions to 1995 Antitrust Enforcement Guidance

The DOJ and FTC are seeking comment on proposed revisions to 1995 antitrust guidance to businesses engaged in international activities related to the agencies' enforcement policy. In a Tuesday news release, the agencies said the revisions add a chapter on international cooperation, including its legal basis, investigative tools, confidentiality protections, types of information exchanged, waivers of confidentiality, remedies and special considerations in criminal investigations. The revisions provide "illustrative examples" of common issues encountered, and address application of U.S. antitrust law to conduct involving foreign commerce, sovereign immunity and other related matters. FTC members voted 3-0 to issue the proposed revisions for comment, due Dec. 1.