Clifford Chance

The U.S. DOJ and FTC Issue Two Updated Antitrust Guidelines: Antitrust Guidelines for International Enforcement and Cooperation & Antitrust Guidelines for the Licensing of Intellectual Property

18 January 2017

On January 13, 2017, the U.S. Federal Trade Commission and Department of Justice issued a pair of updated guidelines. After almost twenty years, the Agencies published the new Antitrust Guidelines for International Enforcement and Cooperation. The 2017 International Enforcement Guidelines reflect a global trend toward more consistent antitrust enforcement and cooperation policies across jurisdictions. Because of this, it is more important than ever for U.S. and non-U.S. companies alike to understand the content and scope of U.S. antitrust law. On the same day, the DOJ and FTC also published the Agencies' updated Antitrust Guidelines for the Licensing of Intellectual Property. The 2017 IP Guidelines reaffirm some of the key principals from the original guidelines while providing important updates surrounding areas such as resale price maintenance, the use of partial exclusive licenses for intellectual property, and the identification of "innovation markets."

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