Never Bad-Mouth Synergy: FTC And DOJ Withdraw Antitrust Guidelines For Collaborations Among Competitors

On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines). Potential collaboration with competitors has always been a tricky area of antitrust law, with many pitfalls for the unwary. The withdrawal of the Collaboration Guidelines is an unusual, sparely justified action that removes important guidance clarifying the types of actions that are likely to raise antitrust concerns.

The FTC voted 3-2 along partisan lines, with Commissioners Holyoak and Ferguson dissenting. Commissioner Bedoya issued a separate statement. The Withdrawal of the Collaboration Guidelines follows the similar unexplained withdrawal of other antitrust policy statements, including the 2023 withdrawal of policy statements related to antitrust enforcement in healthcare markets.