DOJ, FTC announce withdrawal of the Antitrust Guidelines for Collaborations Among Competitors
On December 11, the DOJ’s Antitrust Division and the FTC announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors, originally issued in April 2000. The agencies stated that the guidelines “no longer provide reliable guidance about how enforcers assess the legality of collaborations involving competitors.” The agencies also mentioned the guidelines depend on outdated analytical methods that do not incorporate technological advancements that assist enforcers in factually assessing the competitive impacts of corporate collaborations. Additionally, the guidelines do not consider the competitive effects of modern business combinations and evolving technology, such as artificial intelligence, algorithmic pricing models, vertical integration, and roll-ups. Businesses considering collaborating with competitors are advised to consult relevant statutes and case law to determine the legality of such collaborations.