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United States - Antitrust Guidelines for International Operations

In April 1995, the Justice Department and the Federal Trade Commission issued final Antitrust Enforcement Guidelines for International Operations. The guidelines "are intended to provide antitrust guidance to businesses engaged in international operations on questions that relate specifically to the Agencies' [Justice Department and Federal Trade Commission] international enforcement policy." These guidelines apply not only to conduct or transactions that occur within the U.S. but also to any "anticompetitive conduct that affects U.S. domestic and foreign commerce [that] may violate the U.S. antitrust laws regardless of where such conduct occurs or the nationality of the parties involved" and include "intellectual property licensing arrangements that have an anticompetitive effect on U.S. commerce." The guidelines describe the analysis that the Justice Department and/or the Federal Trade Commission will use in determining whether to assert jurisdiction pursuant to the U.S. antitrust laws. This analysis will take into account issues of personal, legislative and judicial jurisdiction, comity, foreign government involvement and procedure.


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