FTC and DOJ Issue Letter Seeking Identification of Anticompetitive Regulations Across the Federal Government

Today, the Federal Trade Commission and the Department of Justice Antitrust Division issued a joint letter directing the heads of agencies across the federal government to create a list of anticompetitive regulations that reduce competition, entrepreneurship, and innovation.

FTC Chairman Andrew N. Ferguson and Assistant Attorney General Abigail Slater of the DOJ’s Antitrust Division issued the letter, which advances President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers.

The Executive Order directs all agency heads to provide a list identifying anticompetitive regulations within their agency’s rulemaking authority to the FTC and DOJ. Along with each regulation identified, the agency must include a recommendation for deletion; a recommendation for specific modifications; or a justification for the potential anticompetitive effects.

The joint letter follows a recent Request for Information launched by the FTC inviting members of the public to comment on how federal regulations can harm competition in the American economy.

Following public feedback and the lists of anticompetitive regulations from agency heads, the FTC and DOJ will provide the Director of the Office of Management and Budget a consolidated list of regulations that should be rescinded or modified, along with recommended modifications.