Summary — The time period for the public to provide comments to the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice regarding the antitrust implications of competitor collaborations is set to close on May 21, 2026.
Shortly thereafter, the Agencies are expected to issue new guidance on this issue, which is likely to cover topics including data sharing, algorithmic pricing, and labor collaborations. The guidance is also expected to clarify the Agencies’ views on numerous types of competitor collaborations in the healthcare industry.
This new guidance will replace the “Antitrust Guidelines for Collaborations Among Competitors” that the Agencies issued in 2000 but withdrew in 2024. Until the Agencies issue the new guidelines, businesses should proceed carefully and seek legal counsel when considering competitor collaborations that may raise potential antitrust concerns.
Introduction
The time period for the public to provide comments to the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice regarding the antitrust implications of competitor collaborations is set to close on May 21, 2026. Thereafter, the Agencies are expected to draft new guidance on this issue based on public input. Businesses can expect updated guidelines in the coming months, providing greater clarity regarding how the Agencies are likely to approach joint ventures, research and development (R&D) agreements, and even simple information exchanges among competitors.
