The Department of Justice’s Antitrust Division and the Federal Trade Commission have opened a joint public inquiry to gather feedback on possible new guidance for collaborations among competing businesses. The agencies are seeking input on whether updated guidelines are needed and what content they should include, focusing on how business collaborations can drive innovation and competition.
This initiative follows the withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors in December 2024. The previous guidelines outlined how antitrust issues related to competitor collaborations were analyzed by federal authorities.
Acting Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division said, “Vigorous and effective enforcement can only exist when the rules of the road are clearly outlined. Procompetitive collaborations are not only permissible but also encouraged in a complex and dynamic economic environment. The abrupt withdrawal of the prior guidelines left stakeholders without guidance in this important area. Replacing the withdrawn guidelines is key to promoting certainty, allowing American businesses to work together effectively and lawfully, and enabling the private antitrust bar to enhance compliance in this area.”
FTC Chairman Andrew N. Ferguson added, “In an everchanging economy, businesses need transparency and predictability from enforcers more than ever. These times may require the federal government to update its guidelines. The previous administration decided, at the 11th hour, however, to withdraw the 2000 Antitrust Guidelines for Collaborations Among Competitors. This decision, made entirely out of spite and resentment, left millions of businesses in the dark.”
Collaborations between competitors can help companies enter new markets, invest in innovation, or reduce costs; however, some partnerships may pose risks to competition if not properly regulated.
The agencies note that recent developments—including new forms of collaboration enabled by technology—have led to increased calls from industry participants for clarity about how these arrangements will be treated under antitrust laws.
Public comments will inform whether guidance based on prior frameworks should be reintroduced or revised. Such direction aims to give businesses confidence when working together while ensuring they avoid conduct that could harm consumers through higher prices or reduced innovation.
Comments must be submitted through www.regulations.gov/docket/ATR-2026-0001/document by April 24, 2026; each submission is limited to 18 pages.
