DOJ, FTC Seek Input on New Guidance for Collaborations Among Competitors

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) announced what they referred to as a joint "public inquiry," versus a request for information, on February 23, 2026, seeking feedback on whether additional guidance is needed for competitor collaborations that promote innovation and competition. The agencies plan to develop revised guidance for the broader business community, building on the 2000 Antitrust Guidelines for Collaborations Among Competitors, which were withdrawn in December 2024.

LeadingAge will review the request and the original guidance to identify areas where we can offer recommendations for further clarification. This will support our members involved in clinically integrated networks, those working on innovative care delivery and payment models, and our association's efforts to drive innovation through data aggregation for advocacy and member information (e.g., analyzing data on the adequacy of Medicare Advantage payments to providers). We will also likely emphasize the need for constraints on Medicare Advantage plan market dominance and its negative impact on health care markets nationwide.

Comments are limited to 18 pages and must be submitted by April 24, 2026. Those wishing to comment can submit their thoughts here.