The Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have initiated a joint public inquiry to gather feedback on potential new guidance for business collaborations among competitors. The agencies are seeking comments from the public about what content should be included in updated guidelines, reflecting changes in how businesses collaborate to foster innovation and competition.
This initiative follows the withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors in December 2024. Those guidelines previously provided direction on how the FTC and DOJ evaluated antitrust issues related to competitor collaborations.
“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,” said Federal Trade Commission Chairman Andrew N. Ferguson.
Acting Assistant Attorney General for Antitrust Omeed A. Assefi added: “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 Replacing the withdrawn guidelines is key to promoting certainty, allowing American businesses to work together effectively and lawfully, and enabling the private antitrust bar to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.”
Collaborations between competitors can help companies expand into new markets, invest in innovation, or reduce costs—benefiting both consumers and the broader economy—but they may also pose risks to competition if not properly structured or monitored.
Recent developments such as advances in technology have led to new forms of collaboration like algorithmic pricing models or data sharing arrangements that were not addressed by earlier guidance documents. This has resulted in increased requests from industry participants for clarification on how these modern practices fit within current antitrust laws.
The FTC and DOJ are specifically asking for input on topics that might need further explanation—including joint licensing agreements or conditional dealings with competitors—as well as insights into legal, economic, or technological changes that should inform any revisions.
Public comments must be submitted through regulations.gov by April 24, 2026; each submission should not exceed 18 pages. The agencies will use this feedback as they consider whether—and how—to reintroduce updated guidance aimed at providing clarity for lawful business cooperation while preventing conduct that could harm competition or consumers.
The FTC continues its mission to promote competitive markets and protect consumers through education and enforcement efforts.
