FTC, DOJ Withdraw Guidance for Collaboration Among Competitors

The Federal Trade Commission and US Department of Justice are rescinding a 24-year-old policy document that outlined how they assess the legality of collaborations among competitors.

The guidelines fail to account for new technologies such as artificial intelligence and algorithmic pricing models and “risk creating safe harbors that have no basis in antitrust statutes,” the agencies said in a joint statement late Wednesday.

“Businesses considering collaborating with competitors are encouraged to review the relevant statutes and case law to assess whether a collaboration would violate the law,” the statement added.

The FTC voted 3-2 to withdraw the guidance, with GOP ...