FTC And DOJ Request Public Comments On The Development Of New Competitor Collaboration Guidance

On Monday, February 23, 2026, the Federal Trade Commission and the Department of Justice Antitrust Division issued a joint press release seeking public comment on new enforcement guidance for business collaborations. The FTC and DOJ under the Biden Administration withdrew the previousAntitrust Guidelines for Collaborations Among Competitors("Collaboration Guidelines") and did not issue any replacement. This has left companies considering collaborative ventures without a safe harbor that explains how the government would evaluate and enforce the antitrust laws with respect to such collaborations (read more on the 2024 withdrawal here). This new initiative signals the government's intent again to provide direction on how collaborations among competitors will be evaluated.