April 24, 2026 is the deadline to provide respond to the Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) February 23, 2026 invitation to share input on the value and potential content of antitrust guidance concerning the range of business collaborations utilized to drive innovation and promote competition in the modern economy

The agencies say they plan to use the input received to develop up-to-date guidance to the business community, building on the previous 2000 Antitrust Guidelines for Collaborations Among Competitors (2000 Collaboration Guidelines). The guidelines explain how the Agencies analyze various antitrust issues raised by such collaborations. The 2000 Guidelines were withdrawn in December 2024.

Many collaborations and joint ventures among competitors are procompetitive and benefit the economy and consumers by allowing expansion into new markets, enabling investment into innovation, and lowering production and other costs. However, some collaborations carry potential risk to competition. The 2024 withdrawal of the prior guidelines left the industry without guidance in this important area.  

Some of the specific areas of inquiry on which the Agencies seeking public input and information include:

• What topics would benefit from additional guidance — for example, joint licensing arrangements? Conditional dealing with competitors? Other topics?
• What new technologies and business models would benefit from additional guidance — for example, algorithmic pricing, information and data sharing, or labor collaborations?
• What significant legal, economic, or technological developments should be considered in any revisions to the prior competitor collaboration guidelines?

Comments, no longer than 18 pages each, can be submitted here and must be received no later than April 24, 2026.

Need help evaluating, monitoring, or responding to this or other business regulation or enforcement, contact the author.

For More Information

We hope this update is helpful. For more information about these or other legal, contractual or operational compliance or risk management, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452-8297.

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About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for her more than 35 years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications including leading edge work on workforce and other risk management and compliance.

Ms. Stamer’s work throughout her career has focused heavily on working with businesses domestically and internationally on employment, benefits, technology, data confidentiality, privacy, and security, and other Federal Sentencing Guidelines and other workforce management, regulatory and public policy and other legal and operational concerns.  

Author of many highly regarded compliance, training and other resources on these and other operations, risk management, compliance and government affairs concerns, Ms. Stamer is widely recognized for her thought leadership and advocacy on these matters.  

In addition, Ms. Stamer currently or previously served as the American Bar Association (“ABA”) Joint Committee on Employee Benefits OCR annual agency scribe and a Council Representative, International Section International Employment Law Committee Chair and International Life Sciences and Health Committee Chair, ABA TIPS Medicine and Law Committee Chair, ABA Health Law Section Managed Care & Insurance Interest Group Chair, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a host of other professional and civic leadership roles. She is a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her extensive publications and thought leadership as well as leadership involvement in a broad range of other professional and civic organizations. 

For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.

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