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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The Justice Department’s Antitrust Division and the Federal Trade Commission jointly <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/v250000collaborationguidelineswithdrawalstatement.pdf" target="_blank" rel="noreferrer noopener">announced</a> on December 11 the withdrawal of the Antitrust Guidelines for Collaboration Among Competitors (“<a>Collaboration </a>Guidelines”), long-standing guidance on competitor collaborations. The agencies did not update the Collaboration Guidelines, but rather withdrew them with no replacement.

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Issued in April 2000, the <a>Collaboration Guidelines </a>set forth the agencies’ views on how competitor collaborations should be analyzed under the antitrust laws and carved out criteria for “safety zones” for certain types of competitor collaborations that the agencies would not challenge.

In their joint announcement, the agencies stated that in the 24 years since the Collaboration Guidelines were issued, “many significant cases addressing collaborations involving competitors” have been decided by the Supreme Court and federal courts of appeals. Because the Collaboration Guidelines “do not reflect this evolution,” they “no longer provide reliable guidance” and businesses should “review the relevant statutes and caselaw to assess whether a collaboration would violate the law,” according to the agencies. The joint statement does not provide any details as to any particular cases that the agencies contend changed the law or impact their guidance. Under the jurisprudence over the last two decades, however, many of the core principles on which the Collaboration Guidelines are based remain good law.

Given the 3-2 vote along party lines to withdraw the <a>Collaboration </a>Guidelines and statements from the dissenting Commissioners criticizing the withdrawal, it is possible that the Collaboration Guidelines may be reinstated once DOJ and FTC nominees are confirmed in the coming Trump administration. Our antitrust team will continue to monitor developments with respect to competitor collaborations and other antitrust developments.

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<em>This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.</em>

<em>This document may be considered attorney advertising in some jurisdictions.</em>

https://admin.thompsonhine.com/wp-content/uploads/2024/12/Antitrust-Law-Update-DOJ-and-FTC-Withdraw-Competitor-Collaborations-Guidance.pdf

DOJ and FTC Withdraw Competitor Collaborations Guidance

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