Acting Assistant Attorney General Omeed A. Assefi said that "Vigorous and effective enforcement can only exist when the rules of the road are clearly outlined." He noted that "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 Replacing the withdrawn guidelines is key to promoting certainty, allowing American businesses to work together effectively and lawfully, and enabling the private antitrust bar to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 said "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." He criticized the previous administration's decision, stating "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."
The agencies emphasized that while many collaborations and joint ventures are procompetitive and benefit consumers by enabling innovation and lowering costs, some carry potential risks to competition.
Recent developments, including new types of competitor collaborations and alliances facilitated by new technologies, have led to increased requests for clarity regarding their treatment under antitrust laws.
The agencies are seeking public input on specific topics that would benefit from additional guidance, such as joint licensing arrangements, conditional dealing with competitors, algorithmic pricing, information and data sharing, and labor collaborations.
They are also asking for information on significant legal, economic, or technological developments that should be considered in any revisions to the prior guidelines.
Public comments, which must be no longer than 18 pages each, can be submitted at www.regulations.gov/docket/ATR-2026-0001/document and must be received no later than April 24, 2026.