The Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) have initiated a joint public inquiry aimed at gathering input on potential guidance regarding collaborations among competitors. This inquiry is crucial for updating the existing framework that governs such collaborations, which are essential for fostering innovation and competition in today's economy.

The previous 2000 Antitrust Guidelines for Collaborations Among Competitors were withdrawn in December 2024, leaving businesses without clear rules. Acting Assistant Attorney General Omeed A. Assefi emphasized the importance of clear guidelines to ensure effective enforcement and encourage procompetitive collaborations. FTC Chairman Andrew N. Ferguson echoed this sentiment, highlighting the need for transparency and predictability in the current economic landscape.

The inquiry seeks public input on various topics, including joint licensing arrangements and new technologies that may require updated guidance. The Agencies are particularly interested in understanding how recent developments in technology and business models impact antitrust considerations. The feedback received will inform the potential reintroduction of guidance that can help businesses navigate collaborations while avoiding anticompetitive practices.

Public comments are invited until April 24, 2026, and will play a significant role in shaping the future of antitrust policy regarding competitor collaborations, ultimately benefiting the economy and consumers.