On February 23, 2026, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) launched a joint public inquiry regarding potential guidance on collaborations among competitors. In a new insight, Director of Competition Policy Fred Ashton considers the potential benefits, as well as the risks, in the agencies’ crafting of updated collaboration guidelines.

Key points:

• This request for information is intended to help the agencies develop new guidance after they withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors in December 2024.
• Collaborations are often procompetitive, enabling firms to reach new markets, develop innovative products, or engage in research and development that one firm alone cannot achieve.
• Creating new guidelines for collaborators affords the DOJ and FTC the opportunity to address specific areas of modern concern including algorithmic pricing, information exchanges, and artificial intelligence, but the agencies should avoid excessive prescription that could stifle procompetitive collaboration.

Read the analysis.