FTC And DOJ Withdraw Guidelines For Collaborations Among Competitors

On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, "the Agencies") jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors ("Guidelines"). For over two decades, these Guidelines provided companies doing business in the United States with a framework to assess the legality of collaborations with competitors, such as joint production agreements, joint ventures, joint marketing, distribution or sales arrangements, joint research partnerships, information sharing, and certain trade association activities. The Guidelines also provided antitrust "safe harbors" or "safety zones" for certain types of collaborations that the Agencies stated would not be subject to antitrust challenges. The joint withdrawal of the Guidelines clarifies the Agencies' decision to remove any antitrust safe harbors. The withdrawal also was notable, as the Agencies' action occurred shortly before the incoming