The U.S. Department of Justice Antitrust Division and the Federal Trade Commission have opened a joint public inquiry to gather feedback on potential new guidance covering collaborations between competing businesses. The effort follows the withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors in December 2024 and aims to provide updated direction for companies operating in today’s economy. Officials said many partnerships, joint ventures, and alliances can help businesses expand into new markets, support investment in innovation, and reduce costs, while some arrangements may raise competition concerns.
Acting Assistant Attorney General Omeed A. Assefi said, “Vigorous and effective enforcement can only exist when the rules of the road are clearly outlined.” He added that replacing the withdrawn guidance will help businesses collaborate while complying with antitrust law.
Regulators are inviting public comments on several areas where additional clarity may be needed. These include joint licensing agreements, data and information sharing among competitors, algorithmic pricing practices, and labor collaborations. The agencies also want feedback on how technological and economic changes should influence updated policy guidance.
Andrew N. Ferguson, FTC Chairman, emphasized the need for transparency, stating, “In an ever-changing economy, businesses need transparency and predictability from enforcers more than ever.” According to the agencies, the feedback will help shape new guidelines that allow lawful cooperation while preventing arrangements that could limit competition or raise costs for consumers.
