Media Coverage
Source: Bloomberg Law
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Meyer
06.08.26
In an article published in Bloomberg Law, Pillsbury Litigation partner Mark Krotoski and senior associate Preston Taylor Edmondson note that the Department of Justice’s Antitrust Division and the Federal Trade Commission have an opportunity to restore clarity to one of the most complex areas of Sherman Act enforcement: collaborations among competitors.
Updated guidelines would strengthen the Sherman Act by clarifying how firms can comply with antitrust law while engaging in procompetitive activity essential to modern markets, they write.
Updated DOJ/FTC collaboration guidelines aren’t a relaxation of antitrust enforcement—they are a necessary modernization, the authors argue. By restoring clarity after the withdrawal of prior guidance, new guidelines would promote legal certainty, encourage innovation and efficient collaboration, reduce unlawful coordination, and align enforcement with contemporary economic conditions.
As DOJ leadership has emphasized, effective enforcement depends on clear “rules of the road.” In this sense, collaboration guidelines are not just helpful—they are essential to the continued vitality of the Sherman Act, and to avoid uncertainty and chilling effects.
Read the full article here (subscription required).