FTC and DOJ Request Public Comments on the Development of New Competitor Collaboration Guidance

On Monday, February 23, 2026, the Federal Trade Commission and the Department of Justice Antitrust Division issued a joint press release seeking public comment on new enforcement guidance for business collaborations. The FTC and DOJ under the Biden Administration withdrew the previous Antitrust Guidelines for Collaborations Among Competitors (“Collaboration Guidelines”) and did not issue any replacement. This has left companies considering collaborative ventures without a safe harbor that explains how the government would evaluate and enforce the antitrust laws with respect to such collaborations (read more on the 2024 withdrawal here). This new initiative signals the government’s intent again to provide direction on how collaborations among competitors will be evaluated.

Background: 2024 Withdrawal of the 2000 Collaboration Guidelines

The government’s recent request for public comment follows the FTC and DOJ’s 2024 decision, in the closing weeks of the Biden Administration, to withdraw the longstanding Collaboration Guidelines. The Guidelines, originally issued in 2000, served as a key reference point for businesses and counsel assessing the antitrust risks of collaborative arrangements among competitors. Their withdrawal was part of a broader effort by the prior administration to rescind or revise a number of legacy antitrust guidance documents, reasoning that the documents did not adequately address modern analytical methods, business realities, and more recent developments in federal antitrust case law. Having apparently run out of time to issue any replacement guidance, the FTC and DOJ instead just encouraged businesses to review the antitrust statutes and case law.

The New Request for Public Comment

With this new public inquiry and request for public comment, the FTC and DOJ are refocusing on competitor collaborations in an effort to fill the guidance gap left by the withdrawal of the previous Collaboration Guidelines. The government is inviting input from stakeholders on the development of new guidance that will address how the FTC and DOJ intend to evaluate collaborative arrangements among competitors going forward. Key topics where the government is seeking input include emerging technologies and business areas that need additional guidance—such as algorithmic pricing, data sharing, joint licensing arrangements, and conditional dealing—as well as significant legal, economic, and technological developments that the enforcers should consider. The comment period is open now through April 24, 2026.

Key Takeaways

While the agencies did not give an indication on whether or when they would issue a new guidance document on competitive collaborations, this is a step in the right direction. As any resulting guidance is likely to shape government enforcement for years to come, affected businesses should consider submitting comments to ensure the government hears their concerns and perspectives. Winston & Strawn will continue monitoring the government’s efforts as it moves forward on the creation of new collaboration guidance.

In the interim, businesses should continue to evaluate closely the antitrust statutes and case law with the assistance of counsel. The lack of formal guidance and the agencies’ recent indication that they are revisiting the issue, does not diminish the legal risks that come along with even the highest-minded efforts of pro-competitive collaboration. Winston’s experienced antitrust advisors stand ready to help and counsel clients through both the public comment process and any existing antitrust enforcement occurring while the government considers new guidance.