April 9, 2025 Reducing Anti-Competitive Regulatory Barriers - Executive Order
- Fact Seeker
- Jul 27
- 2 min read
Purpose
This executive order initiates a government-wide review to eliminate or reform federal regulations that reduce market competition. The administration states that overregulation can discourage innovation, entrepreneurship, and consumer choice. The order specifically targets rules that may favor established firms or create monopolistic advantages by deterring new competitors.
Scope and Applicability
Applies to all federal executive agencies, as defined in 44 U.S.C. § 3502.
Excludes the Executive Office of the President and its components.
The agency head (e.g., Secretary, Administrator) is responsible for implementation.
Criteria for Regulatory Review
Agency heads must identify regulations that meet any of the following six anti-competitive criteria:
Create or support monopolies (de jure or de facto).
Unnecessarily restrict market entry for new businesses.
Limit competition among existing businesses.
Mandate licenses/accreditations that are not essential to public interest and restrict competition.
Burden agency procurement processes, discouraging fair bidding.
Otherwise distort the free market, even indirectly.
Key Deadlines and Procedures
Deadline | Action Required |
Within 10 days | FTC Chairman must issue a Request for Information (RFI) seeking public input on potentially anti-competitive regulations. |
RFI open for 40 days | Public may submit feedback and explain why a regulation limits competition. |
Within 70 days | Each agency must submit to the FTC Chairman and Attorney General a list of regulations it identified as anti-competitive, including: |
- Suggested rescission or modification | |
- Justification for any rules kept despite being anti-competitive | |
Within 90 days of receiving agency lists | The FTC Chairman, Attorney General, economic advisors, and agency heads must send the OMB a consolidated list of all recommended regulatory changes. |
Upon OMB review | Final recommendations may be added to the Unified Regulatory Agenda (required under EO 14219, “Department of Government Efficiency” Initiative). |
Legal Frameworks and Executive Order References
44 U.S.C. § 3502 — defines "agency" for purposes of rulemaking and oversight.
EO 12866 (1993) — requires review of "significant regulatory actions"; prioritization criteria used in this order.
EO 14219 (Feb. 19, 2025) — "Department of Government Efficiency" initiative, which this executive order builds upon.
Implementation Considerations
The FTC Chairman plays a central coordinating role, collecting feedback and compiling agency reports.
The Office of Information and Regulatory Affairs (OIRA) within OMB has the final say on incorporating changes into the government’s official regulatory plan.
Agencies are encouraged to prioritize the most economically significant regulations (those with major economic impacts per EO 12866).
Administrative Notes
The executive order does not alter existing statutory authority of agencies.
It does not create any new legal rights for individuals or entities.
Implementation is subject to available budget appropriations and legal limits.
Writer's Note: Summary made with the use of AI tools for editing and quick processing, facts checked against the order before publishing.
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