DOJ, FTC Seek Public Comment On Restoring Guidelines Governing Competitor Collaborations

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced a request for public comment concerning new antitrust guidelines for collaborations among competitors. The previous guidelines, the 2000 Antitrust Guidelines for Collaborations Among Competitors (the 2000 Collaboration Guidelines) were withdrawn in 2024, leaving no clear guidance in their place.

Competitor collaborations and joint ventures have long been scrutinized under the antitrust laws for their potential impact on competition and in some instances, alleged violations of antitrust laws. The 2000 Collaboration Guidelines provided companies a framework under which to analyze certain relationships with competitors.