DOJ AND FTC PLAN TO UPDATE ANTITRUST GUIDELINES
April 27, 2026
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The U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission are seeking industry involvement on how best to update guidance addressing collaborations among competitors. Given uncertainty into how antitrust laws apply to competitor collaborations in the modern economy, antitrust enforcers hope to solicit insight from industry into the ways in which competitor collaborations, joint ventures, and alliances are procompetitive. Whether directly or through industry groups, U.S. and foreign air carriers count on alliance agreements and metal-neutral joint ventures to provide consumer benefits derived from legitimate, pro-competitive business practices. At a time when DOJ and FTC are seeking industry input on new enforcement guidance for competitor collaborations, U.S. and foreign air carriers should seriously consider submitting comments to better inform antitrust enforcers on how strategic collaborations and joint ventures can unlock meaningful benefits for millions of passengers. If there are new technologies and/or collaborative business models within the industry where U.S. and foreign air carriers need clear regulatory guidance (e.g., algorithmic pricing), comments are welcome as DOJ and FTC consider updating their guidelines in this area. Comments are due no later than April 24, 2026.
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