In December 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ; jointly, the “Agencies”) withdrew their joint Antitrust Guidelines for Collaborations Among Competitors (the “Prior Guidelines”).
The Prior Guidelines, issued in 2000, had provided industries with guidance on “how the Agencies analyze certain antitrust issues raised by collaborations among competitors.”
On February 23, 2026, the Agencies announced a joint public Request for Information (RFI), seeking input to allow the Agencies to develop new and up-to-date guidance that reflects the impact of collaborations in the modern economy.
The request for public input seemingly reflects the idea that many collaborations and joint ventures are procompetitive and “benefit the economy and consumers. . . .” The Request for Information seeks comment on information, including (a) topics that would benefit from additional guidance, (b) new technologies and business models that would benefit from additional guidance, and (c) what significant “legal, economic, or technical developments” should be considered in revising the Prior Guidelines.
Comments are due by April 18, 2026, and cannot exceed 18 pages each.
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