State Attorneys General from 11 states and the District of Columbia have submitted a joint comment to federal antitrust agencies outlining their enforcement priorities for competitor collaborations. Their submission emphasizes flexible, fact-specific analyses over categorical rules and identifies key areas of concern including algorithmic pricing, information-sharing arrangements, and collaborations that function as mergers. How will these state-level priorities shape the future of antitrust enforcement as
United StatesAntitrust/Competition Law
A group of state Attorneys General have shed light on certain key enforcement priorities as part of a joint public inquiry to update federal guidance for collaborations among competitors. The U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) issued the inquiry in February, seeking input after withdrawing their 2000 guidance in December 2024. The DOJ and FTC and indicated that new guidance could address developments in law, technology, and business practices while giving businesses clearer rules of the road.
While the agencies received numerous comments, one particularly notable submission came from the Attorneys General (AG) of 11 states and the District of Columbia (the “States”)1. The AGs’ joint comment provides insight into how state Attorneys General – who are increasingly active antitrust enforcers – may approach high-profile competition issues.
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