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DOJ Considers Reviving Collaboration Guidelines to Clarify Antitrust Rules

By  |  March 25, 2026

The US Department of Justice is weighing steps to provide businesses with clearer direction on how antitrust laws apply to corporate collaborations, a move officials say could make enforcement more predictable and transparent.

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    Speaking Monday at a conference in Washington, DC, Acting Assistant Attorney General Omeed A. Assefi emphasized the importance of consistent guidance for companies navigating competition rules. “Having clear, stable guidance for the business community is a critical feature of a vigorous pro-enforcement agenda,” he said.

    According to MLex, Assefi indicated that the DOJ is considering reinstating and updating its Competitor Collaboration Guidelines, which were withdrawn in December 2024. The potential revival of those guidelines would complement existing merger rules and address evolving forms of cooperation among companies.

    Per MLex, the DOJ and the Federal Trade Commission launched a public inquiry in February to gather input on whether updated guidance is needed. The agencies are seeking feedback on how best to address collaborations that foster innovation while maintaining competitive markets. Submissions are due by April 24.

    Assefi noted that officials hope the responses will clarify how regulators can better support companies aiming to comply with antitrust laws. He added that the effort is intended to assist “the many law-abiding businesses that want to do the right thing,” per MLex.

    The push for updated guidance comes as new forms of partnerships — including technology-driven alliances, joint ventures, and other collaborative arrangements — have become more common. According to MLex, these developments have prompted increased demand from legal practitioners for clearer rules on how such activities are treated under antitrust frameworks.

    Regulators are also inviting input on specific areas where additional clarity may be beneficial, including joint licensing agreements and certain types of conditional dealings between competitors.

    FTC Chairman Andrew Ferguson has recently underscored the influence that agency guidance can have on corporate conduct, particularly through its interpretation by legal advisors. According to MLex, attorneys are expected to play a key role in shaping how new or revised guidelines are understood and applied, especially as they engage with enforcement priorities under the current administration.

    Source: MLex