What happened
The Federal Trade Commission and the U.S. Department of Justice Antitrust Division opened a joint public inquiry Monday on whether to issue new guidance for collaborations among competitors, a move the agencies said could give businesses more clarity after prior guidance was withdrawn.
The agencies said the inquiry seeks input on what guidance would be useful for modern competitor collaborations used to drive innovation and promote competition. The effort builds on the 2000 Antitrust Guidelines for Collaborations Among Competitors, which the agencies said explained how they analyzed antitrust issues raised by those arrangements and were withdrawn in December 2024.
The release says many collaborations and joint ventures among competitors can be procompetitive, including by allowing expansion into new markets, supporting investment in innovation and lowering production or other costs. But the agencies also said some collaborations can carry competition risks, making the inquiry relevant for companies and antitrust counsel structuring joint ventures, alliances and other competitor arrangements.
The FTC and DOJ are asking what topics would benefit from additional guidance, pointing to joint licensing arrangements and conditional dealing with competitors as examples. They also flagged newer technologies and business models, including algorithmic pricing, information and data sharing, and labor collaborations.
The agencies also asked what significant legal, economic or technological developments should be considered in any revision to the prior competitor collaboration guidelines. They said public comments would help them consider reintroducing guidance intended to promote predictability and antitrust compliance while avoiding conduct that risks raising prices or stifling innovation.
Comments may be submitted through regulations.gov and must be received by April 24, 2026. The FTC release says comments are limited to 18 pages.