US weighs antitrust guidance on AI safety after Anthropic CEO calls for rivals to coordinate

The US Department of Justice is signaling that it’s open to letting AI companies work together on safety without triggering antitrust alarms. Associate Attorney General Stanley Woodward said at Fordham University on September 17 that the DOJ does not currently view coordination among companies on AI safety issues as anticompetitive.

The statement lands at a peculiar moment. Anthropic CEO Dario Amodei recently called on the US government for a narrow antitrust waiver that would let competing AI labs coordinate on slowing development and setting common safety standards.

The gap between talk and action

Woodward’s remarks suggest the DOJ is considering updating its existing guidelines on collaboration in cybersecurity to potentially cover AI security as well. That would give companies a clearer legal framework for working together on safety protocols without worrying about a lawsuit landing on their desk.

Despite all the public hand-wringing about AI safety and the calls for regulatory clarity, not a single frontier AI lab has actually requested a meeting with the Antitrust Division to discuss these legal concerns.

Part of the confusion traces back to December 2024, when the DOJ withdrew the 2000 Antitrust Guidelines for Collaboration Among Competitors. That document had served as a rough roadmap for companies trying to figure out where cooperation ends and collusion begins. Pulling it without an immediate replacement left a regulatory vacuum, and companies developing frontier AI models have been navigating that uncertainty ever since.

The FTC isn’t buying it

Not everyone in Washington is warming to the idea. FTC Chairman Andrew Ferguson expressed skepticism on September 15 toward AI firms that simultaneously request new regulations and antitrust exemptions. His concern is straightforward: if the biggest AI companies get permission to coordinate on safety standards, those standards could end up being designed, intentionally or not, to lock out smaller competitors.

Ferguson’s position sets up an interesting tension within the administration itself. The DOJ seems inclined to view safety collaboration favorably, while the FTC is flagging the competitive risks.

The European Union is watching closely too. EU officials have expressed interest in exploring how antitrust frameworks might adapt to the risks posed by rapidly advancing AI and cybersecurity threats.

What this means for the AI industry

Amodei’s proposal for a narrow waiver is notable for its specificity. He’s not asking for broad antitrust immunity. He’s asking for permission to coordinate on one dimension: the pace and safety of AI development.

The biggest risk might be inaction. Without updated guidance, companies face a choice between coordinating on safety and hoping the DOJ agrees it was fine, or competing in isolation and hoping nothing catastrophic happens. The fact that zero frontier labs have formally engaged the Antitrust Division suggests the industry is still in wait-and-see mode.

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