On February 23, 2026, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division launched a joint public inquiry, inviting comments on whether new antitrust guidance for business collaborations is needed and what content such guidance should cover for “a range of collaborations utilized to drive innovation and promote competition in the modern economy.” The Antitrust Guidelines for Collaborations Among Competitors issued in 2000 laid out an analytical framework that the FTC and DOJ would apply when assessing antitrust issues raised by collaborations among competitors, and thus has been a valuable resource for the business community when considering a range of collaborative actions. However, the agencies withdrew that long-standing guidance in 2024 due to changes in jurisprudence and technologies. Now the agencies follow a case-by-case approach and apply general antitrust principles, so businesses must chart their own analytical framework.

Read more here.