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EO 14036Executive OrderBiden · D Quiet signal

Executive Order 14036

Promoting Competition in the American Economy

This executive order establishes a whole-of-government competition policy to combat excessive market concentration across the economy. It creates a White House Competition Council and directs dozens of specific actions by agencies including the FTC, DOJ, USDA, HHS, DOT, FCC, and others to address anti-competitive practices in labor markets, agriculture, healthcare, telecommunications, transportation, and technology.

Federal Register Open PDF 86 FR 36987

Impact dates

  1. Commerce mobile app ecosystem study

  2. USDA report on retail concentration and food industry competition

  3. Treasury to consider alcohol trade practice rulemaking

  4. USDA agricultural competition plan; Treasury labor market competition report; DOD defense industrial base review; DOD repair restrictions report; bank merger oversight plan

  5. Treasury alcohol market structure report; HHS over-the-counter hearing aid proposed rule

  6. DOT to consider initiating ancillary fee disclosure rulemaking

  7. HHS prescription drug pricing plan; HHS FDA letter on patent concerns

  8. DOT to start development of 'unfair' and 'deceptive' definition amendments

  9. DOT report on airline COVID-19 refund enforcement; DOT proposed rule on baggage fee refunds

  10. Agency designees to White House Competition Council; DOT aviation consumer protection committee appointments

Key directives

  • Establish White House Competition Council (Sec. 4)
  • Agency designees due within 30 days (Sec. 4(h))
  • Attorney General and FTC Chair to review horizontal and vertical merger guidelines (Sec. 5(c))
  • Treasury to adopt bank merger oversight plan within 180 days (Sec. 5(e))
  • FTC to consider rulemaking on non-compete clauses (Sec. 5(g))
  • FTC to consider rulemaking on right to repair, data surveillance, prescription drug delays, internet marketplace competition (Sec. 5(h))
  • USDA to consider Packers and Stockyards Act rulemaking (Sec. 5(i)(i))
  • USDA to submit agricultural competition plan within 180 days (Sec. 5(i)(iii))
  • USDA to submit retail concentration report within 300 days (Sec. 5(i)(iv))
  • Treasury to submit alcohol market report within 120 days (Sec. 5(j))
  • Treasury to consider trade practice rulemaking within 240 days (Sec. 5(k))
  • FCC to consider net neutrality rules and broadband consumer labels (Sec. 5(l))

Who is ordered

Timeline

Immediate

  • White House Competition Council established
  • Agency designations due within 30 days

Near term (90d)

  • DOT aviation consumer protection actions
  • HHS prescription drug pricing plan due
  • HHS FDA letter on patent concerns due
  • USDA agricultural competition plan due
  • Treasury alcohol market report due
  • DOD defense industrial base review due

Long term

  • Merger guideline revisions
  • Rulemakings on non-compete clauses, right to repair, net neutrality, over-the-counter hearing aids, agricultural practices
  • Mobile app ecosystem study due within 1 year

Risks & tensions

  • Many provisions use 'encouraged to consider' language rather than mandatory directives, creating implementation uncertainty
  • Council explicitly barred from discussing enforcement actions (Sec. 4(d)), limiting coordination on active cases
  • Net neutrality and bank merger provisions likely to face legal and political challenges
  • Overlap between FTC and DOJ jurisdiction may create tension despite coordination mandate
  • Right-to-repair provisions for agriculture and defense may conflict with manufacturer intellectual property interests
  • Foreign shipping line provisions could trigger trade tensions
  • Patent system reforms risk tension between innovation incentives and competition goals
Executive Order 14036: Promoting Competition in the American Economy · Executive Orders