DOJ, FTC Seek Input on Antitrust Guidance

The U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are inviting public comment on potential new antitrust guidance governing collaborations among competitors – an issue with important implications for many associations.

Issued Feb. 23, the joint request signals renewed attention to how organizations, including associations, navigate collaboration in areas such as benchmarking, research, and data sharing. Comments are open through April 24, 2026, via regulations.gov. 

At the center of this effort is a key concern for associations: how to responsibly share information and data in their constituents' fields. For decades, many associations have relied on established antitrust "safety zones" to guide activities like statistical surveys and benchmarking programs. However, those longstanding guidelines were withdrawn in 2024, creating uncertainty around what constitutes permissible data sharing.

"Vigorous and effective enforcement can only exist when the rules of the road are clearly outlined," said Omeed Assefi, Acting Assistant Attorney General for Antitrust. He noted that pro-competitive collaborations are not only allowed, but often beneficial in today's complex economic environment – making clear guidance essential.

For associations, the outcome of this process could shape how they deliver one of their core member values: trusted, aggregated information and insights. Clearer guidance may help reduce legal ambiguity while enabling associations to continue providing data-driven resources that support members' decision-making and advancement.

This article was provided to OSAP by ASAE's Power of Associations and Inroads.