The Federal Trade Commission and the Department of Justice's Antitrust Division have extended the public comment deadline on their forthcoming antitrust guidance addressing business collaborations. The original deadline of April 24, 2026 has been moved to May 21, 2026, giving stakeholders nearly one additional month to prepare and submit feedback on a framework that is expected to shape enforcement priorities for years to come.
The forthcoming guidance is expected to address a broad range of collaborative activity among competitors and business partners, including joint ventures, standard-setting bodies, information-sharing arrangements, and other cooperative undertakings. For companies engaged in such arrangements, the guidance will likely serve as a key reference point in evaluating how the federal antitrust agencies view permissible and impermissible coordination, and how enforcement discretion may be exercised when collaborative conduct raises competitive concerns.
The extension presents a meaningful opportunity for affected businesses, trade associations, and counsel to contribute substantive input before the framework is finalized. Public comments often play an important role in clarifying how agencies treat real-world business arrangements, particularly where collaborative conduct involves nuanced facts that are not easily captured by general principles. Companies that participate in joint research and development, industry standards organizations, benchmarking programs, or other cooperative initiatives may have a particular interest in ensuring that the final guidance reflects the operational realities of legitimate, procompetitive collaboration.
In light of the extension, companies should consider taking several practical steps. A careful internal review of current and planned collaborative arrangements can help identify provisions, governance structures, or information flows that may warrant clarification under the anticipated guidance. Where the proposed framework raises questions or potential concerns, stakeholders should consider submitting comments through Regulations.gov before the new May 21, 2026 deadline. Coordinating with counsel and, where appropriate, with industry peers can help ensure that submissions are substantive, well-supported, and responsive to the specific issues on which the agencies have requested input.
This alert is intended for general informational purposes only and does not constitute legal advice. Companies with questions about how the forthcoming guidance may affect their specific collaborative arrangements should consult qualified antitrust counsel for tailored advice.