The Federal Trade Commission (FTC) and the Justice Department's Antitrust Division (DOJ) have jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors. These guidelines, initially issued in April 2000, are deemed outdated by both agencies.
According to a joint statement from the FTC and DOJ, "The Collaboration Guidelines... no longer provide reliable guidance about how enforcers assess the legality of collaborations involving competitors." Businesses that are considering partnerships with competitors are advised to consult relevant statutes and case law to determine if their collaboration might violate antitrust laws.
Both agencies emphasized their commitment to rigorous antitrust enforcement on a case-by-case basis regarding competitor collaborations. They noted that such collaborations could potentially harm competition and undermine the competitive process.
The decision to withdraw these guidelines was made with a 3-2 vote. Commissioners Andrew Ferguson and Melissa Holyoak dissented from this decision, each issuing separate statements expressing their opposition. Commissioner Alvaro M. Bedoya also released a statement regarding the withdrawal.
The FTC continues its mission to promote competition while protecting and educating consumers. The agency reminds consumers that it will never demand money or make threats, nor will it instruct individuals to transfer money or promise prizes. For more information on how competition benefits consumers or to file an antitrust complaint, individuals can follow updates from the FTC through social media channels, press releases, or their blog.