The 1994 Guidelines do not provide clear standard for the enforcement of
the U.S.antitrust laws, and therefore, are insufficient as the practical
guidelines for international business transactions. The 1994 Guidelines
should be, like the Antitrust Enforcement Guidelines for International
Operations of 1988 (hereinafter "1988 Guidelines"), clear as practical policy
indications, providing a general analysis of jurisdiction and comity, together
with the comprehensible examples showing under what circumstances a certain
practice is deemed as a violation of the U.S. antitrust laws, and under what
circumstances it is not. Among others, some of Illustrative Examples in the
1994 Guidelines presume subject matter jurisdiction even in a case where the
exercise of personal jurisdiction is impossible in effect, giving coercive
impression on foreign companies.
We, hereby, ask for the reconsideration of the above issues, together with the
practical requests and questions on the 1994 Guidelines referred to us from
our member companies as attached.