The Federal Trade Commission and the Department of Justice’s Antitrust Division have initiated a joint public inquiry to gather input on potential updated guidance addressing collaborations among competitors.
The agencies said Monday they are seeking public comment on whether new guidance would clarify how antitrust laws apply to business collaborations in today’s economy. The move follows the December 2024 withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors, which previously outlined how regulators evaluated joint ventures and other cooperative arrangements.
Public comments must be submitted through regulations.gov by April 24, and may not exceed 18 pages.
What Is the Purpose of the DOJ-FTC Inquiry?
According to FTC and DOJ, the inquiry is intended to assess whether updated guidance would provide businesses with greater transparency and predictability when forming collaborations with competitors.
The agencies said such direction could help companies pursue growth and innovation while reducing the risk of engaging in conduct that could harm competition, including practices that may lead to higher prices or reduced innovation. Clearer guidance would also support stronger antitrust compliance.
What Are the Key Areas of the FTC-DOJ Inquiry?
The public inquiry requests feedback on specific topics where additional clarity may be warranted, including joint licensing arrangements and conditional dealing involving competitors.
The agencies are also seeking input on emerging technologies and business models that may benefit from additional guidance, such as algorithmic pricing, information and data sharing practices, and labor collaborations.
In addition, the FTC and DOJ are asking commenters to identify economic, legal or technological developments that should inform any revision of the prior guidance. The agencies noted that new types of competitor collaborations and technology-facilitated alliances have prompted increased requests for clarity regarding their treatment under antitrust laws.
What Did FTC & DOJ Leaders Say About the Guidance?
“In an everchanging economy, businesses need transparency and predictability from enforcers more than ever. These times may require the federal government to update its guidelines,” said FTC Chairman Andrew Ferguson.
Omeed Assefi, acting assistant attorney general for antitrust, said effective enforcement depends on clearly defined standards. He stated that procompetitive collaborations are permissible and encouraged in a complex and dynamic economy and that replacing the withdrawn guidelines would promote certainty and support lawful business cooperation.
