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Yes, competitors can collaborate on open source software, but the project’s public or technical purpose does not remove antitrust obligations. The practical boundary is between working together on code, interoperability, security, or governance and coordinating how companies compete. Participants should follow the policy that applies to their project and meeting, keep commercially sensitive subjects out of project discussions, and ask their own counsel about fact-specific questions.
Can competitors work together on open source software?
Yes. Open source projects often bring together employees from multiple companies, including competitors. Collaboration on shared technical work is not automatically unlawful; the concern is whether an agreement or discussion restricts competition or coordinates independent commercial decisions. Open source status is not an exemption from competition law.
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The Linux Foundation’s U.S. Antitrust Policy applies to members and non-member participants in Foundation activities. It describes the purpose of antitrust law as encouraging vigorous competition and warns against discussion of specified commercial topics. That is a foundation policy, not a legal ruling about every project or conversation.
What should participants avoid discussing?
Keep project meetings focused on technical and governance work. Do not use them to exchange information or reach understandings about how participating companies will compete. The two Linux Foundation policies identify overlapping subjects, but their lists differ; follow the policy that governs the actual project and meeting.
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| Subject | Linux Foundation U.S. policy | Linux Foundation Europe policy |
|---|---|---|
| Prices and bids | Lists prices and bids as prohibited meeting topics. Source: The Linux Foundation, “Antitrust Policy.” | Includes price fixing among the competition concerns addressed. Source: Linux Foundation Europe, “Antitrust Policy.” |
| Products, customers, and suppliers | Lists individual product plans and conduct toward suppliers or customers. Source: The Linux Foundation, “Antitrust Policy.” | Includes confidential business strategy and commercial subjects such as supply. Source: Linux Foundation Europe, “Antitrust Policy.” |
| Costs and operating plans | Lists individual company costs. Source: The Linux Foundation, “Antitrust Policy.” | Also lists production, capacity, inventory, and market shares. Source: Linux Foundation Europe, “Antitrust Policy.” |
These are policy examples, not a complete legal test. When in doubt, do not disclose or solicit competitively sensitive company information in the project forum. Technical choices should be discussed in terms of requirements, code, interoperability, security, and implementation—not as a way to coordinate commercial conduct.
Can an open source project set technical standards?
Technical standard setting is distinct from agreeing on prices, customers, output, or other commercial conduct. Linux Foundation Europe’s policy says project requirements are voluntary and prohibits restricting alternatives or preventing the supply of products that do not conform. It also says technical participation in a project is open to all, subject to applicable LF Europe policies and the project charter.
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Those are LF Europe policy provisions, not blanket legal approval for every standard-setting arrangement. The legal assessment can depend on the market, the parties, the project’s governance and licensing choices, and how a standard is adopted or used. Get qualified advice before treating any policy provision as an answer for a specific project.
What should a chair do if someone brings up pricing?
- Stop the discussion. State plainly that pricing or other competitively sensitive commercial matters are outside the meeting’s scope under the applicable policy. Do not invite participants to respond or try to resolve the issue through further discussion.
- Redirect to project work. Return to the agenda’s technical or governance decisions. If the question cannot be reframed without discussing company-specific commercial conduct, defer it and consult counsel.
- Record and escalate appropriately. Under Linux Foundation Europe’s policy, participants should protest if apparently prohibited discussion continues, leave the meeting, and seek to have the protest reflected in the minutes. The Linux Foundation’s U.S. policy directs participants to their own counsel and identifies the Foundation’s General Counsel as a contact for questions about a proposed course of action.
Do not improvise a legal conclusion in the room. A participant’s own counsel can assess that participant’s position and the relevant facts.
Do agendas and minutes matter?
Yes, as practical safeguards and, where the applicable policy requires them, as process requirements. Linux Foundation Europe’s policy calls for prepared agendas and accurate minutes to be prepared and distributed. A focused agenda helps keep a meeting tied to its technical or governance purpose; accurate minutes can document what was discussed and any protest. Apply the rules of the policy governing that meeting rather than assuming every foundation has identical requirements.
How do the legal rules differ by jurisdiction?
Competition law is jurisdiction-specific. The European Commission summarizes Article 101 of the Treaty on the Functioning of the European Union (TFEU) as prohibiting restrictive agreements, with price fixing and market sharing as cartel examples. It describes Article 102 as prohibiting abuse of a dominant position, with examples including unfair prices, limiting production, or refusing to innovate to consumers’ detriment. These summaries do not decide how either provision applies to a particular software project.
The Commission identifies TFEU Articles 101–106 as the treaty competition rules. It distinguishes legislation from guidance: its description notes that guidelines and notices are not themselves rules of law, although notices may produce legal effects and guidelines operate as practice rules. In the United States, the Federal Trade Commission’s Competition Guidance page is an official index that points to materials including DOJ/FTC guidance on collaborations among competitors and intellectual-property licensing; the index itself is not a substitute for reviewing relevant current guidance or analyzing the facts.
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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Foundation policies are a separate layer. They tell participants how the foundation expects its activities to be conducted; they are not statutes and do not determine legality under every jurisdiction. The Linux Foundation’s U.S. policy states that it was amended by its Board on October 27, 2007. Use current, applicable law and the policy for the project—not a policy from another organization—as the starting point for a real compliance question.
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A practical project-management checklist
- Before the meeting: Identify the applicable antitrust policy, circulate an agenda limited to the necessary technical or governance decisions, and remind participants to follow that policy.
- During the meeting: Keep discussion on requirements, code, interoperability, security, and implementation. Do not discuss the commercial topics listed in the governing policy, including current or future prices, discounts, margins, costs, bids, customer or supplier decisions, production or capacity plans, individual product plans, market shares, or confidential business strategy where covered.
- If a boundary is crossed: Object clearly. If the discussion continues, follow the governing policy’s protest and departure procedure; LF Europe’s policy says to leave and seek to have the protest recorded in the minutes.
- Afterward or when uncertain: Have accurate minutes prepared and distributed where required. Refer a specific or difficult question to your own counsel rather than seeking a consensus among project participants about what companies should do.
Is LFC105 relevant for project participants?
The Linux Foundation Education listing for LFC105 describes beginner-level, self-paced antitrust training for contributors, maintainers, steering committee members, and governing board members. It presents one hour of course material and 90 days of online access, and displayed a price of $0 when the page was checked in 2026; course terms can change. Training can help participants recognize meeting risks, but it is general education rather than advice tailored to a project or organization.
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