Sec. 4. Enforcement guidelines
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Not later than 270 days after the date of enactment of this Act, the Commission and the Department of Justice, in consultation with other relevant Federal agencies and State attorneys general, shall jointly issue agency enforcement guidelines outlining policies and practices relating to conduct that may materially harm competition under section 3(a), agency interpretations of the affirmative defenses under section 3(b), and policies for determining the appropriate amount of a civil penalty to be sought under section 3(c), with the goal of promoting transparency, deterring violations, fostering innovation and procompetitive conduct, and imposing sanctions proportionate to the gravity of individual violations.
The Commission and the Department of Justice shall update the joint guidelines issued under subsection
(a)as needed to reflect current agency policies and practices, but not less frequently than once every 4 years beginning on the date of enactment of this Act. Before issuing guidelines, or updates to those guidelines, under this section, the Commission and the Department of Justice shall— publish proposed guidelines in draft form; and provide public notice and opportunity for comment for not less than 60 days after the date on which the draft guidelines are published. The joint guidelines issued under this section do not— confer any rights upon any person, State, or locality; or operate to bind the Commission, Department of Justice, or any person, State, or locality to the approach recommended in the guidelines.