The Work of the Foreign Commerce Section of the Antitrust Division

1. The Work of the Foreign Commerce Section of the Antitrust Division Edward Hand, Chief Anne Purcell White, Assistant Chief Antitrust Division U.S. Department of Justice* ABA Spring Meeting April 1, 2005 *The views contained herein are the views of the authors and do not purport to reflect those of the United States Department of Justice.

2. Structure of the Section • Chief and Assistant Chief • Six Attorneys, each with discrete responsibilities • 2 Paralegals • 2 Administrative Assistants • Report directly to Deputy Assistant Attorney General Delrahim

3. Enforcement Activities • Facilitate cooperation with foreign counterparts and assist litigating sections with international investigations • Liaison with DOJ’s Office of International Affairs on MLAT requests • Legal Support to Appellate Section on international cases, such as Empagran and AMD/Intel

4. Enforcement Activities • Notify other governments of enforcement activity that affects them where required by antitrust cooperation agreements and OECD recommendation • Liaison with State Dept. on international enforcement issues

5. Multilateral Responsibilities • ICN • OECD • WTO • UNCTAD • APEC

6. ICN • Division had leading role in launching ICN • Division chairs ICN’s Merger Working Group and Cartel Subgroup • Division is active participant in all working groups, drawing upon the expertise of its line attorneys and economists • Foreign Commerce Section coordinates Division’s participation in ICN

7. OECD • Competition Committee meets three times per year • AAG Pate is chair of Working Party 3, which deals with antitrust enforcement and cooperation issues • Recent Activities: Merger recommendation adopted by Council last week; working on best practices for cartel information sharing • Foreign Commerce Section represents Division and coordinates its participation in OECD

8. WTO-Competition • Active participant of working group on trade and competition since its inception in 1997. Working group did not meet this year; its work has been suspended. • Uncertain future for competition. August 2004 framework for reviving Doha Round stated that competition will not form part of the Doha work program and “no work towards negotiations . . . will take place within the WTO during the Doha Round.” • Hong Kong Ministerial in December 2005

9. UNCTAD • Active participant in UNCTAD’s Intergovernmental Group of Experts on Competition for nearly 25 years • UNCTAD XI Conference in Sao Paulo last summer called upon UNCTAD to step up its technical assistance and analytical work in the area of competition policy

10. APEC • Active participant in Competition Policy and Deregulation Group, representing the U.S. at its annual meetings • Participate in APEC capacity building programs on issues relating to competition policy, deregulation and regulatory reform • U.S. peer review by APEC last year

11. Major Bilateral Activities • Coordinate Division’s participation in working groups • IP Working Groups with EC, Japanese, Korean, and Taiwanese antitrust agencies • US-EC Merger Working Group • China Initiative – Draft law to be presented to legislature in summer 2005. July 2004 visit by AAG Pate and other Division and FTC officials. Hosted Chinese delegation in October 2004. Ongoing consultations.

12. Major Bilateral Activities • Japan Regulatory Reform and Competition Policy Initiative – The Division co-chairs (with USTR) the Cross Sectoral Working Group. Discussions include recommendations to strengthen antitrust enforcement in Japan. • Amendments introducing leniency program, fine increases and strengthened JFTC enforcement powers have been submitted to Diet and should pass this Spring.

13. Major Bilateral Activities • Provide comments and informal advice to our counterparts: • Commented on numerous draft laws during the past year, including Ecuador, Egypt, Russia and Singapore • Canadian and Japanese merger guidelines • Conduct formal bilateral consultations with the EC, Canada, Japan, Korea and the Taiwan Fair Trade Commission

14. Technical Assistance • Since early 1990s, over 350 DOJ-FTC missions • Ongoing Technical Assistance to: • Andean nations – Bolivia, Colombia, Ecuador, Peru, and Venezuela • ASEAN nations – Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam • South Africa • Southeast Europe program ended last September

15. Technical Assistance • Training partnership with Mexico Federal Competition Commission • Training for Egypt in connection with Dept. of Commerce CLDP program • Participation in APEC, OECD, UNCTAD and WTO training sessions • New training programs in India, Russia, and Central America, among others

16. Trade and Competition • Acted as chair or co-chair (with USTR) on competition chapter negotiations of U.S. FTAs with Australia, Chile, and Singapore. Andean and Thailand negotiations ongoing. • Trade Policy Review Group and Staff Committee – DOJ is a member of both groups, which are responsible for developing U.S. trade policy. Our section serves as a liaison between DOJ and the TPRG/TPSC and is an active participant when competition issues are raised (e.g., TRIPs, WTO telecommunications issues).

17. Competition Advocacy • Antitrust “General Counsel” to Executive Branch • Real Examples: • Mexican Telecom Case in WTO • Review President’s Economic Report Each Year

18. Miscellaneous Activities • Report of the Department of Justice’s Task Force on Intellectual Property – contributed expertise to international sections of report • Export Trading Company Applications • Foreign Visitor Training

19. The Work of the Foreign Commerce Section of the Antitrust Division Edward Hand, Chief Anne Purcell White, Assistant Chief Antitrust Division U.S. Department of Justice ABA Spring Meeting April 1, 2005 UNITED STATES DEPARTMENT OF JUSTICE ANTITRUST DIVISION