President Donald Trump signed the executive order “Reducing Anti-Competitive Regulatory Barriers” on April 9, 2025, directing federal agencies to identify and reform regulations that unnecessarily restrict market competition. Agencies are required to discern and recommend rescission or modification of regulations that may artificially insulate incumbents, increase consumer costs, or deter entrepreneurial activity. The order reflects the administration’s broader policy focus on promoting economic growth, innovation, and consumer choice by curbing and streamlining federal regulations.
The executive order dovetails with similar efforts by the US Department of Justice (DOJ), including its recently announced Anticompetitive Regulations Task Force.
FOCUS AREAS AND KEY REQUIREMENTS
The order instructs federal agencies to conduct a comprehensive review of their existing regulations, with a mandate to identify those that
- create, or facilitate the creation of, monopolies in fact or by operation of law;
- create unnecessary barriers to entry for new market participants;
- limit competition between competing entities or have the effect of limiting competition between competing entities;
- create or facilitate licensure or accreditation requirements that unduly limit competition;
- unnecessarily burden the agency’s procurement processes, thereby limiting companies’ ability to compete for procurements; or
- otherwise impose anticompetitive restraints or distortions on the operation of the free market.
The executive order establishes the following timeline for next steps:
- Within 10 days of the order, or by approximately April 19, 2025: The Chairman of the Federal Trade Commission (FTC) must issue a request for information (RFI) to solicit input on federal regulations that may harm competition. The RFI will remain open for 40 days (until approximately May 29, 2025) after which the FTC Chairman will convey any relevant responses to the agency with rulemaking authority.
- Within 70 days of the order, or by approximately July 18, 2025: Agency heads are to provide to the FTC Chairman and Attorney General a list of regulations subject to the order. Agency heads are to include recommendations as to whether regulations should be rescinded or modified “in light of its anti-competitive effects.” Regulations that qualify as “significant regulatory activity” will be prioritized for review.
- Within 90 days of receipt of reports from agency heads, or by approximately October 16, 2025: Each federal agency is required to submit reform proposals to the FTC, which will coordinate with the DOJ, the Assistant to the President for Economic Policy, and other agencies to produce a consolidated report to the Director of the Office of Management and Budget (OMB) recommending specific actions. Thereafter, the OMB Director is to consult with the FTC Chairman, Attorney General, Assistant to the President for Economic Policy, and relevant agency heads on whether to adopt the proposed rescissions or modifications.
POTENTIAL IMPACTS FOR VARIOUS SECTORS
While the order applies broadly, certain industries may be subject to regulations that are ripe for review, including:
- Life Sciences: Regulations around the US Food and Drug Administration approval process, clinical trials, marketing, licensing, and/or sourcing
- Healthcare: Regulations around Medicare/Medicaid reimbursement that may favor certain types of providers, regulations related to how providers are to perform certain procedures, and/or other regulations that could be modified to expand access such as telehealth
- Energy: Regulations around sourcing, production, distribution, and transmission, including licensing requirements that could be streamlined to promote innovation and greater competition
- Food and Agriculture: Regulations and licensing concerning the production of crops and livestock that may favor incumbent firms and raise barriers to entry by startup or smaller firms
- Transportation and Logistics: Federal licensing, permitting, and carrier restrictions that affect competition in trucking, rail, and shipping
- Government Contracting: Procurement rules that may disadvantage small businesses or limit open bidding
LOOKING AHEAD
The order signals continued emphasis on competition policy through regulatory reform, building on recent enforcement actions and legislative proposals targeting perceived anticompetitive practices. Interested parties should consider whether there are regulations that qualify for review under the order and take note of the limited period for public comment to the FTC.
In addition, interested parties should consider whether to submit a comment to the DOJ’s Anticompetitive Regulations Task Force as the comment period is currently scheduled to close by May 26, 2025.
STAY INFORMED
Visit our US Administration Policies and Priorities resource center and subscribe to our mailing list for the latest on programming, guidance, and current legal and business developments.