The agencies said the inquiry will inform development of "up-to-date guidance to the business community," building on the withdrawn 2000 framework that had explained how enforcers analyze antitrust issues raised by joint ventures and other competitor collaborations.
Acting Assistant Attorney General Omeed A. Assefi of the Antitrust Division tied the inquiry to enforcement predictability. "Vigorous and effective enforcement can only exist when the rules of the road are clearly outlined," Assefi said. He added that "the abrupt withdrawal of the prior guidelines left stakeholders without guidance in this important area."
Assefi said replacement guidance "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." He said procompetitive collaborations "are not only permissible but also encouraged in a complex and dynamic economic environment."
FTC Chairman Andrew N. Ferguson criticized the prior administration's withdrawal. "In an everchanging economy, businesses need transparency and predictability from enforcers more than ever," Ferguson said. "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 are soliciting input on topics that would benefit from additional guidance, including joint licensing arrangements and conditional dealing with competitors. They are also asking about new technologies and business models such as algorithmic pricing, information and data sharing, and labor collaborations, and about legal, economic, or technological developments that should be considered in any revisions.
Comments are capped at 18 pages each and must be submitted through regulations.gov under docket ATR-2026-0001 no later than April 24, 2026, according to the release.