Lisa Phelan spoke to MLex about the Department of Justice and the Federal Trade Commission's joint statement requesting public input on new guidelines outlining permissible collaboration between competitors, following the Biden Administration's withdrawal of the previous document in 2024.
Lisa said, "I would expect any guidance coming out to adhere fairly closely to positions the enforcers have taken on these issues - both in their own filed cases and in private civil antitrust cases where DOJ has sometimes intervened with Statements of Interest." She noted that, at the same time, feedback from listening sessions or public comments could "cause some revisions to their current positions."