The Federal Trade Commission (FTC) and the Justice Department’s Antitrust Division (DOJ) jointly announced (11 December) the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors, originally issued in April 2000. The agencies stated that the guidelines no longer offer reliable guidance for assessing the legality of competitor collaborations, urging businesses to instead review the relevant statutes and case law to determine whether such collaborations may violate antitrust laws.
The withdrawal underscores the agencies’ commitment to vigorous antitrust enforcement on a case-by-case basis. They emphasized that collaborations among competitors can harm competition and undermine the competitive process, a concern the agencies intend to address more actively through individual investigations rather than broad guidelines.
The decision to withdraw the guidelines was passed with a 3-2 vote. Commissioners Andrew Ferguson and Melissa Holyoak dissented, and Commissioner Alvaro M. Bedoya issued a separate statement. In their dissenting opinions, Ferguson and Holyoak expressed concerns about the clarity and predictability that the guidelines previously provided for businesses considering joint ventures and other collaborative efforts.
The withdrawal of these guidelines marks a significant shift in how the FTC and DOJ will approach competitor collaborations, with both agencies signaling an increased focus on tailored enforcement actions in line with evolving legal and economic frameworks.
