Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy

This executive order directs federal agencies to use their authorities to promote market competition, inform consumers and workers, and eliminate regulations that restrict competition without public benefit. It requires agencies to identify anti-competitive practices, submit action plans to the National Economic Council, and report semi-annually on pro-competition efforts.

Federal Register Open PDF 81 FR 23417

Impact dates

Date TBD
Semi-annual reports on additional planned competition-promoting actions
Jun 14, 2016
Recommendations with priority actions and timelines due to President through NEC Director
May 15, 2016
Initial list of potential competition-promoting actions due to NEC Director

Key directives

Agencies shall use authorities to promote competition, arm consumers/workers with information, and eliminate competition-restricting regulations without corresponding benefits (Sec. 2a)
Agencies shall identify actions to detect price fixing, anticompetitive labor market behavior, exclusionary conduct, and blocking access to critical resources; refer apparent antitrust violations to DOJ/FTC (Sec. 2b)
Agencies shall consult to identify pro-competitive rulemaking and information provision opportunities (Sec. 2c)
Agencies shall submit initial list of potential competition-promoting actions to NEC Director within 30 days (Sec. 2d)
Agencies shall report recommendations with priority actions and timelines to President through NEC Director within 60 days (Sec. 2e)
Agencies shall report semi-annually on additional planned competition-promoting actions (Sec. 2f)
Reporting requirements exclude law enforcement policy and activities (Sec. 2g)
Independent agencies are strongly encouraged to comply (Sec. 3b)

Who is ordered

Timeline

Immediate

Agencies directed to begin identifying anti-competitive practices and potential actions

Near term (90d)

Initial lists due to NEC Director (30 days)
Recommendations with priority actions and timelines due to President (60 days)

Long term

Semi-annual reporting on competition-promoting actions continues indefinitely
Potential rulemakings and regulatory changes to eliminate competition barriers

Risks & tensions

Vague 'corresponding benefits' standard for eliminating regulations creates implementation uncertainty
Strong encouragement to independent agencies lacks enforcement mechanism
Exclusion of law enforcement activities from reporting may limit transparency on antitrust referrals
Semi-annual reporting obligation is ongoing with no sunset; may become pro forma over time
No specific metrics or benchmarks for evaluating agency compliance or outcomes