USA Law and Practice Contributed by: Djordje Petkoski, Matt Modell, Memmi Rasmussen and Tim Harris, A&O Shearman
courts will generally defer to foreign judgments if the foreign court had jurisdiction over the parties and the dispute, and the judgment is not con - trary to US public policy. Courts will also usu - ally require that the foreign judgment is final and conclusive, and that the foreign court applied principles of due process and fair procedure. 1.8 Enforcement Priorities The Trump administration is expected to contin - ue pursuing cartel enforcement. If the first Trump administration is a preview of the next four years, civil antitrust enforcement will also continue to be a priority. While the Biden administration was particu - larly active in pursuing novel cases affecting labour markets, including so-called no-poach cases, or alleged agreements between com - peting employers not to hire away each other’s employees, the DOJ under the Biden adminis - tration had little success in securing convictions for these alleged antitrust offences at trial. It was just recently under the new Trump administration that the DOJ achieved its first jury conviction from a no-poach case. ESG collaborations are another area where activity could be seen in the coming year. Past antitrust enforcers have consistently taken the position that ESG co-ordination carries antitrust risks, but the federal enforcement agencies have not brought ESG-related actions. Republican state attorneys general have filed ESG-related lawsuits, including two major cases in 2024. 1.9 Guides Published by Governmental Authorities There are several written guides relating to cartel conduct and enforcement published by govern - ment authorities in the United States, including the following.
• DOJ Antitrust leniency policy. The guidelines can be found here . • Antitrust Guidelines for Collaborations Among Competitors. These guidelines were pub - lished by the Federal Trade Commission and the Department of Justice Antitrust Division in 2020. They provide guidance on how compa - nies can collaborate with each other without violating antitrust laws. The Biden administra - tion withdrew these guidelines shortly before leaving office and the Trump administration has not announced its plans yet. The guide - lines can be found here . • Antitrust Enforcement Guidelines for Inter - national Operations. These guidelines were published by the Department of Justice Anti - trust Division in 2016. They provide guidance on how the antitrust laws apply to conduct that occurs outside of the United States. The guidelines can be found here . • The Federal Trade Commission Act. This is another federal law that prohibits anti-com - petitive conduct. The text of the FTC Act can be found here . The DOJ receives information about poten - tial anti-competitive conduct from a variety of sources. These include companies self-reporting potential violations through the agency’s lenien - cy programme, as well as complaints from third parties such as whistle-blowers, competitors or customers. DOJ prosecutors also look for indi - cations of cartel conduct in news reports, indus - try developments or civil case filings. After learning of a potential criminal violation, the DOJ will open an investigation. In case of 2. Early Stages of Cartel Enforcement 2.1 Initial Investigation
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