DOJ and FTC seek public input on new competitor collaboration guidelines

On February 23, 2026, the United States Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) jointly announced a public inquiry seeking input on potential new guidance regarding collaborations among competitors. The inquiry is intended to develop updated guidelines that promote certainty and competition in the modern economy, building on the FTC’s 2000 Antitrust Guidelines for Collaborations Among Competitors (2000 guidelines), which the agencies withdrew in December 2024.

Agency statements emphasize predictability, compliance, and “procompetitive collaborations”

In the press release, Acting Assistant Attorney General for the Antitrust Division Omeed A. Assefi stated that "vigorous and effective enforcement can only exist when the rules of the road are clearly outlined," and that "procompetitive collaborations are not only permissible but also encouraged in a complex and dynamic economic environment." He added that "the abrupt withdrawal of the prior guidelines left stakeholders without guidance in this important area," and that replacing the withdrawn guidelines is "key to promoting certainty, allowing American businesses to work together effectively and lawfully."

FTC Chairman Andrew N. Ferguson similarly stated that “in an everchanging economy, businesses need transparency and predictability from enforcers more than ever.”

Key points from the inquiry

The agencies also noted that joint ventures and collaborations may be procompetitive and benefit consumers by “allowing expansion into new markets, enabling investment into innovation, and lowering production and other costs.” At the same time, the agencies cautioned that they are not without risk.

The agencies emphasized that clear guidance “will help increase antitrust compliance by guiding the market on antitrust law and policy in this important area.” The withdrawn 2000 guidelines described an analytical framework to assist businesses in assessing the likelihood of an antitrust challenge to a collaboration with one or more competitors and created certain antitrust “safety zones.”

In addition to withdrawing the 2000 guidelines, the DOJ and FTC previously withdrew a set of Healthcare Policy Statements that created certain safe harbors or safety zones in which the agencies indicated they would not challenge conduct, including certain information-sharing practices, under the antitrust laws. Learn more about the now-withdrawn policy statements here.

How to submit comments

The agencies are accepting public comments on this inquiry. Comments must be no longer than 18 pages and may be submitted under Docket No. ATR-2026-0001. The deadline for submission is April 24, 2026.

The agencies identified three specific areas where they are seeking public input:

1. Topics that would benefit from additional guidance (e.g., joint licensing arrangements and conditional dealing with competitors)
2. New technologies and business models that would benefit from additional guidance (e.g., algorithmic pricing, information and data sharing, and labor collaborations)
3. Legal, economic, or technological developments that should be considered in any revisions to the prior competitor collaboration guidelines

Looking ahead

The inquiry may reflect the agencies’ effort to develop clearer guidance on competitor collaboration. The agencies have indicated that public comments could help enforcers consider "reintroducing guidance built on the prior guidelines" that will "provide businesses with the predictability and confidence they need to collaborate and grow while avoiding anticompetitive conduct that risks raising prices or stifling innovation."

Interested parties may wish to consider submitting comments before the April 24, 2026 deadline to provide input on the development of these new guidelines.

Learn more

For more information, please contact the authors.