Purpose of This Template
The FTC and DOJ Antitrust Division have extended their public comment period on updated guidance for competitor collaborations from April 24, 2026, to May 21, 2026. This template helps you draft a meaningful comment on how the 2000 Antitrust Guidelines for Collaborations Among Competitors should evolve to reflect current business realities.
Your input can influence how antitrust guidance balances competitive concerns with legitimate business needs like joint ventures, standard-setting bodies, research consortia, and supply chain collaborations.
Your comment is important because these guidelines determine how regulators evaluate whether your competitor relationships cross legal lines. The agencies specifically seek input from those who deal with these issues daily.
Getting Started
Before drafting your comment:
Identify your collaboration challenges. Where do current guidelines create uncertainty? Which business models feel unsupported by 2000-era guidance? Document specific examples where you've had to make judgment calls without clear regulatory direction.
Review the 2000 Antitrust Guidelines for Collaborations Among Competitors. Your comment will be stronger if you reference specific sections that need updating. Note where the guidance helps and where it falls short.
Gather cross-functional input. Consult your business development, legal, and operational teams. They'll highlight collaboration scenarios that compliance may not see directly.
Keep it under 18 pages. The agencies set this limit deliberately. Focus on depth over breadth.
Submit through Regulations.gov by May 21, 2026. Late submissions won't be considered.
The Comment Template
Use this structure to organize your submission. Customize each section with your organization's specific experience.
HEADER
Re: Public Comment on Guidance for Collaborations Among Competitors
Submitted by: [Your Name, Title, Organization]
Date: [Submission Date]
SECTION 1: INTRODUCTION AND INTEREST
State who you are and why you're qualified to comment.
Example:
"I serve as Chief Compliance Officer for [describe your organization without naming it if preferred], where I oversee antitrust compliance for [describe business activities]. Our organization regularly evaluates potential collaborations with competitors in areas including [list relevant areas: standard-setting, joint purchasing, research partnerships, etc.]. This comment reflects [X years] of experience navigating antitrust risk in these contexts."
SECTION 2: COLLABORATION TYPES THAT NEED CLEARER GUIDANCE
Describe the specific collaboration scenarios where you need more regulatory clarity. Be concrete.
Framework to use:
"Collaboration Type: [e.g., industry standard-setting bodies, supply chain data sharing, joint sustainability initiatives]
Current Guidance Gap: The 2000 guidelines address [what they cover] but don't account for [what's changed]. Specifically, [describe the uncertainty you face].
Business Justification: These collaborations serve [describe pro-competitive benefits: consumer safety, environmental goals, innovation, etc.].
Compliance Challenge: Without clearer guidance, we [describe the conservative approach you're forced to take, or the risk you're accepting]."
Repeat this framework for each collaboration type you want to address.
SECTION 3: RECOMMENDED UPDATES TO GUIDANCE
Propose specific changes. The agencies want actionable input, not just complaints.
Structure each recommendation:
"Recommendation [Number]: [State your proposed change]
Rationale: [Explain why this change would improve clarity or better reflect current business realities]
Suggested Language: [If possible, draft the actual guidance language you'd like to see]"
Focus on areas where you can offer real expertise. For example:
- How should agencies analyze data-sharing arrangements that didn't exist in 2000?
- What safe harbors would help compliance teams evaluate sustainability collaborations?
- How should guidance address collaborations that span multiple jurisdictions?
SECTION 4: PRACTICAL COMPLIANCE CONSIDERATIONS
Explain how guidance affects day-to-day compliance work.
Address questions like:
- What documentation do you need to maintain to demonstrate pro-competitive intent?
- How do you train business teams to recognize when a collaboration needs legal review?
- What early warning signs indicate a collaboration is drifting into problematic territory?
- How do you audit ongoing collaborations for compliance?
The agencies benefit from understanding how guidance translates into actual compliance programs.
SECTION 5: CONCLUSION
Summarize your key requests in 3-4 bullet points. Make it easy for agency staff to extract your main recommendations.
How to Customize It
Make it specific to your industry. Generic comments carry less weight. If you work in healthcare, focus on clinical data sharing and joint credentialing. If you're in technology, address standard-setting and interoperability. If you're in manufacturing, discuss joint purchasing and supply chain visibility.
Use real scenarios without identifying parties. Describe actual collaboration proposals you've evaluated: "Consider a scenario where three manufacturers want to share logistics data to reduce empty truck miles. Under current guidance, we struggle to determine whether..." You're not inventing statistics; you're describing the type of decision you face.
Balance advocacy with objectivity. You can argue for clearer safe harbors while acknowledging legitimate competitive concerns. The agencies will take you more seriously if you engage with both sides.
Cite relevant case law or enforcement actions if they inform your perspective. You don't need to write a legal brief, but references to how courts or agencies have applied the 2000 guidelines add credibility.
Address unintended consequences. If overly restrictive guidance would chill beneficial collaboration, explain the trade-offs. If overly permissive guidance would create enforcement uncertainty, say that too.
Validation Steps
Before you submit:
Have someone outside compliance read it. If your business colleagues can't follow your argument, the agencies won't either. Plain language beats legal jargon.
Check the page count. Use standard margins and readable font size. Agencies may reject submissions over 18 pages.
Verify you're addressing the right questions. The agencies want input on updating the 2000 guidelines, not general antitrust policy. Stay focused.
Confirm your submission method. Go to Regulations.gov and search for the relevant docket. Follow the upload instructions exactly.
Keep a copy. Save your submitted comment and any confirmation you receive.
Share internally. Your legal, business development, and executive teams should know what positions you took on behalf of the organization.
The comment period closes May 21, 2026. That's enough time to draft something thoughtful, but not enough time to procrastinate. If your organization routinely evaluates competitor collaborations, you have expertise the agencies need. Use it.
