Reducing Anti-Competitive Regulatory Barriers
Executive Order 14267, titled Reducing Anti-Competitive Regulatory Barriers, directs federal agencies to identify and remove regulations that hinder competition. The order requires agency heads, working with the Federal Trade Commission Chair and the Attorney General, to review all regulations under their rulemaking authority and flag those that create monopolies, erect barriers to entry, unduly limit competition, impose onerous licensure or accreditation requirements, burden procurement processes, or otherwise distort the free market. The process emphasizes public input, prioritizes rules that meet the criteria of a “significant regulatory action,” and aims to generate a consolidated list of regulations for rescission or modification. The plan is coordinated with the White House Office of Management and Budget (OMB) and integrated into the broader regulatory agenda developed under prior deregulatory initiatives. In practical terms, the order sets explicit timelines for agency review and public participation, culminating in a coordinated, government-wide effort to roll back or modify anti-competitive regulations. It is intended to accelerate the removal of rules that limit competition and to foster entrepreneurship, innovation, and consumer choice, while preserving agencies’ authorities and statutory functions.
Key Points
- 1Purpose and scope: The order seeks to eliminate regulations that reduce competition, including those that create monopolies, hinder entry by new participants, restrict competition between entities, unduly restrict licensure/accreditation, burden procurement, or otherwise distort the free market.
- 2Roles and collaboration: Agency heads must review their rules in consultation with the FTC Chair and the Attorney General to identify anti-competitive regulations.
- 3Timelines and workflow:
- 4- Within 70 days, agencies must provide the FTC Chair and the Attorney General a categorized list of identified regulations with a recommendation on rescission or modification, plus justification if not proposing changes.
- 5- Within 10 days, the FTC Chair must issue a request for information (RFI) seeking public input, with the RFI staying open for 40 days.
- 6- Within 90 days of receiving agency lists, the Chairman (in consultation with key officials) must deliver a consolidated list to the OMB Director with recommended modifications; the Chairman may add other regulations if they fit the criteria.
- 7Priority and coordination: The process prioritizes rules that qualify as “significant regulatory actions” under Executive Order 12866 and requires coordination with the OMB and integration into the Unified Regulatory Agenda established by EO 14219 (the “Department of Government Efficiency” initiative).