The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have initiated a joint public inquiry aimed at gathering input on potential new guidance regarding collaborations among competitors. This effort is a response to the need for clarity in the evolving business landscape, particularly after the withdrawal of the 2000 Antitrust Guidelines for Collaborations Among Competitors in December 2024.

FTC Chairman Andrew N. Ferguson emphasized the importance of transparency and predictability for businesses, stating that the abrupt withdrawal of the previous guidelines left many companies uncertain about the legal landscape surrounding collaborations. He noted that effective enforcement requires clearly outlined rules, which are essential for fostering procompetitive collaborations.

Acting Assistant Attorney General for Antitrust Omeed A. Assefi echoed these sentiments, highlighting that collaborations can be beneficial for the economy by facilitating market expansion, innovation investment, and cost reduction. However, he acknowledged that some collaborations may pose risks to competition.

The inquiry seeks public input on various topics, including joint licensing arrangements, conditional dealings with competitors, and the impact of new technologies such as algorithmic pricing and data sharing. The feedback will assist the FTC and DOJ in considering the reintroduction of guidance that promotes compliance and helps businesses navigate antitrust laws effectively.

Comments are invited until April 24, 2026, and will play a crucial role in shaping the future of antitrust policy regarding competitor collaborations.