International Program

• Pages: 323-338

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CHAPTER XIII

INTERNATIONAL PROGRAM

The Antitrust Division has an international program that is overseen

by a Deputy Assi stant Attorney General (DAAG) and carried out, at the

staff level, by the International Section. Broadly speaking, the purposes

of the international program are to establish and maintain working

relationships with competition authorities in other countries, to promote

sound and effective antitrust enforcement through participation in

international organizations like the Organization for Economic Co-

Operation and Development (OECD) and the International Competition

Network (ICN), to insure that lawyers within the Division act in

accordance with U.S. foreign policy interests and comply with other

countries’ domestic laws, and to act as liaison to the State Department

and to be a competition advocate before U.S. agencies with international

responsibilities.1

A. Organization

Within the Division, the international program is overseen by a

DAAG and is carried out by the International Section.

1. Deputy Assistant Attorney General for Operations

The DAAG with overall responsibility for the Division’s

international program is the DAAG for Criminal and Civil Operations

(DAAG for Operations).2 Pre viously, the DAAG for International

Enforcement had responsibility for the international program; however,

responsibility now falls to the DAAG for Operations.

The DAAG’s precise responsibilities depend to a large extent on the

Assistant Attorney General (AAG) in charge at the time. The

responsibilities typically include heading or serving on committees in

1. See U.S. DEP’T OF JUSTICE, ANTITRUST DIV. MANUAL I-9 (5th e d. rev.

Apr. 2017) [hereinafter Antitrust Div. Manual],

https://www.justice.gov/atr/ division-ma nual.

2. Organizational Chart, U.S. DEP’T OF JUSTICE , ANTITRUST DIV.

[hereinafter Org. Chart], https://www.justice.gov/atr/or ganizational-chart.

324 DOJ Civil Antitrust Practice and Procedure Manual

international organizations, representing the Division in regional or

bilateral trade negotiations,3 and giving policy speeches abroad.4

However, the AAG has the option to assume some or all of these roles,

depending on his or her level of interest in international issues.5 The

DAAG reports to the AAG.6

2. International Section

The International Section assists other sections in matters with

international aspects and is primarily responsible, at the staff level, for

the development of Division policy on international antitrust

enforcement and competition issues.7 The International Section handles

the Division’s relations and cooperation with international organizations

and foreign antitrust enforcement agencies, including its compliance with

notification and other obligations pursuant to various bilateral and

multilateral agreements to which the United States is a party.8 The

Section formally reports to the DAAG for Operations.9

The International Section manages the Division’s day-to-day

relations with foreign antitrust enforcement agencies. The International

Section is responsible for notifying those agencies of Division

enforcement activities that may affect them pursuant to various antitrust

cooperation agreements.10 It assists litigating sections within the Division

with international investigations, particularly in efforts to obtain

evidence abroad.11 It represents the Division and coordinates its

3. See Spring 2017 Division Update: Competition Advocacy and Policy,

U.S. DEP’T OF JUSTICE , ANTITRUST DIV.,

https://www.justice.gov/atr/division-operations/divisio n-update-spring-

2017/international-program-update-2017.

4. See International Policy Speeches and Press Releases, U.S. DEP’T OF

JUSTICE , ANTITRUST DIV., https:// www.justice.gov/atr/policy-speeches-

and-press-releases.

5. See, e.g., Bill Baer, Deputy Assistant Att’y Gen., U.S. Dep’t of Justice ,

Antitrust Div., Remar ks at the Chatham Ho use Annual Antitru st

Conference (June 18, 2015), https://www.justice.gov/opa/speech/

assistant-attorney-general-bill-baer-delivers-re marks-cha tham-house-

annual-antitrust.

6. See Org. Chart, supra note 2.

7. See Antitrust Div. Manual, supra note 1, at I-6.

8. Id. at I-10.

9. See id. at I-9.

10. See id. at VII-29 to VII-30.

11. See id. at VII-32.