This article notes that 10 years have passed since the release of the Department of Justice and Federal Trade Commission Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines). Bob, a senior partner with the Antitrust practice, observes that much has happened during this period that warrants consideration of whether some aspects of these Guidelines need updating. He provides an in-depth discussion of such key developments – including two Supreme Court decisions that address joint venture standards, and the Agencies’ new Horizontal Merger Guidelines that invite fresh thinking on relationships between joint venture and merger standards. He concludes that in light of these developments, now “would seem to be a good time to consider updating the Collaboration Guidelines.”
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