United States: Department of Justice and Federal Trade Commission revoke cooperation with competitors
in short On December 11, 2024, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced the revocation of the 2000 Antitrust Guidance on Competitor Cooperation. The guidelines outline the agencies' views on how to analyze competitor collaborations under antitrust law and provide a "safe zone" for certain types of collaborations that the agencies say will not be challenged. The FTC voted 3-2 to withdraw the guidance, with two Republican commissioners writing a dissenting statement criticizing the FTC's Democratic leadership for the timing of the decision — pointing to the upcoming change of administration and the past four years. Lack of action. As Commissioner Ferguson, announced by President-elect Donald Trump as the new Chairman of the Federal Trade Commission, said, “The time for the Biden-Harris Commission to conduct a review of this type of guidance is over. Last month, the American people elected a new President. "Now is the time to facilitate an orderly transition." The DOJ…
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